Spousal Maintenance
Support where one party cannot adequately support themselves.
Overview
In some separations, one party needs financial support after the relationship ends — temporarily or longer term. Spousal maintenance is a separate issue from property settlement.
What the law generally considers
Spousal maintenance can be ordered where one party cannot adequately support themselves and the other has the capacity to pay. It applies to both married and de facto relationships and may be paid periodically or as a lump sum.
Common client concerns
Am I entitled to support? Will I have to pay support? How is it calculated? How long does it last? What if circumstances change?
How we help
We assess entitlement and capacity to pay, prepare urgent applications where needed, and negotiate or apply for orders.
The process
- 01Assess need and capacity
Income, expenses and earning potential of both parties.
- 02Apply for interim support if urgent
Court can order short-term support quickly.
- 03Negotiate or order final maintenance
Periodic or lump sum, often as part of the broader settlement.
Frequently asked
Do de facto partners qualify?
Yes, generally if certain criteria (length of relationship, child of the relationship, etc.) are met.
How long does maintenance last?
It varies — often time-limited to allow re-establishment, but can be longer in appropriate cases.
Not sure what comes next? Let's talk.
A confidential consultation is the easiest way to understand your options and the right next step.