Quick Summary:
Spousal maintenance is a payment from one former partner to another when one cannot support themselves after separation.
It is not automatic and must be based on both need and capacity to pay. The court takes many things into account when making a decision, including living costs, earning ability, and parenting duties.
What this article covers:
- What spousal maintenance Australia means and how it works
- The difference between married and de facto partners
- What the court looks at when deciding payments
- How new relationships affect spousal maintenance
- A real-life example of a spousal maintenance case
What Is Spousal Maintenance?
When a relationship ends, not everyone is able to support themselves right away. That is where spousal maintenance comes in.
Under the Family Law Act, a person might have to give financial help to their ex if that person cannot meet their daily needs.
This help is not about keeping someone at the same lifestyle they had before. It is about making sure they can live a reasonable life while they get back on their feet.
Both people have a duty to help each other, even after separation, but it must be fair.
Married vs De Facto: What’s the Difference?
There are two types of spousal maintenance Australia cases. One is for people who were legally married. The other is for those who were in a de facto relationship.
The rules are quite similar, but the court will first check whether the de facto relationship is recognised under the law. If it is, then spousal maintenance works the same way as it does for married couples.
How the Court Decides
The court does not simply order a payment because one person asks. There are two main things the court looks at:
- Capacity – Can one person afford to pay?
- Need – Does the other person actually need the help?
To answer these questions, the court looks at:
- Age and health of both people
- Who is caring for any children
- If one person had to stop working to look after the family
- Current income, savings, property, and debts
- Whether the person asking for help can work or not
The court will also look at what kind of life each person had before the split. But again, that does not mean the person asking will get enough to live the same way they did during the relationship.
A Common Question: What If My Ex Has a New Partner?
People often wonder what happens to spousal maintenance when their ex gets into a new relationship.
If your ex remarries, any right to receive spousal maintenance usually ends unless a court decides otherwise.
If your ex enters a new de facto relationship, the court will look closely at the new financial set-up.
If the new partner is helping cover costs, the court might say the ex no longer needs support, or only needs a smaller amount.
It all depends on how much help the ex is getting and whether they can now manage without further support.
A Real Case: Moller v Moller
To understand how the court applies these rules, let’s look at a real-life spousal maintenance Australia example.
In Moller v Moller, a couple with two young kids had lived a very wealthy life together. The husband earned a lot of money and gave his wife $2,300 every week for her personal use during the marriage.
He also paid for holidays, the family home, and the children’s school fees.
After they split, he kept giving her the $2,300 a week. But the wife asked the court to increase this to $4,000 a week.
She said her household expenses had grown and gave a list of weekly costs like $1,000 on food, $1,530 for holidays, $350 for cleaning, and $150 for hair and toiletries.
The husband said he could not afford to pay more. He claimed most of his income was already going toward loans and personal expenses.
The court looked at both their situations. The judge said many of the wife’s costs were too high and not necessary.
They also said she could return to work since she had been a professional before having kids.
In the end, the court only allowed a $700 increase. This made the total spousal maintenance amount $3,000 a week, not $4,000 as requested.
Why the Court Refused the Full Request
The judge explained that spousal maintenance is not about keeping the same lifestyle as before. It is about fairness and need.
Since the wife had the ability to work and many of her costs were labelled as extras, the court felt it was not fair to ask the husband to pay more than he could manage.
The decision also showed that the court takes both sides seriously. It looks at the real ability to pay, not just income on paper.
Even if someone earns a lot, that does not mean they will be ordered to pay large sums if they have many other financial duties.
Read also: How Binding Is a Verbal Agreement in Family Law?
When Can You Apply for Spousal Maintenance?
If you are in a marriage, you must apply within one year after the divorce becomes final. If you were in a de facto relationship, you must apply within two years after the relationship ends.
The earlier you apply, the better, especially if you are in real need. You may also be able to ask for temporary spousal maintenance while the full case is still being sorted out.
How Long Does It Last?
There is no set time. Sometimes it is just for a few months to help the person find work or settle in. Other times it might go on longer, depending on things like health or the age of the children.
The court can also change or stop spousal maintenance if things change, like getting a job, moving in with someone new, or coming into money.
What This All Means for You
Spousal maintenance is not a given, and the court will not always award it just because someone asks.
There must be real financial need and a clear ability for the other person to help. It is not about keeping old habits or luxuries.
Each situation is different. What the court wants is fairness, both for the person needing support and the one who is being asked to pay.
Cases like Moller v Moller show that even when big money is involved, the court focuses on reason and need, not just lifestyle or past earnings.
If you are unsure whether you should apply, or if you have been asked to pay and feel it is not fair, it helps to know your rights.
Need Advice That Makes Sense?
Do you feel unsure about whether you should be paying or receiving spousal maintenance? Or are you wondering how your situation fits into the bigger picture?
The team at Justice Family Lawyers understands the everyday concerns families face after separation.
Whether you’re thinking about applying for spousal maintenance Australia or have questions about your ex’s rights, we are here to help.
Speak to professionals who focus on clear answers and respectful support. Reach out today and see how we can support your next step forward.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
