Spousal Maintenance

31 August 2025 in Family and Divorce Law | 4 min read | skip to FAQs

After the end of a relationship, there are many pressures that emerge while adjusting to a new lifestyle. The topic of finances can be particularly complex and emotional. Parties are now on a single income, or one party may have no means of supporting themselves at all. This is where the concept of spousal maintenance arises.

What is Spousal Maintenance?

Spousal maintenance, or de facto maintenance, is an agreement following the breakdown of a marriage or de facto relationship where one party will provide financial support to the other when they cannot adequately support themselves.

Under the Family Law Act 1975, parties have an obligation to support or maintain one another, even after a separation or divorce. If one party’s personal income and assets are unable to cover their own reasonable expenses, the other is responsible for financially assisting them.

It is important to note this is different to child support and adult child maintenance.

How is it calculated?

The appropriate amount of spousal maintenance is based on a consideration of the needs of one party and what the other party has the capacity to pay.

The Court considers:

1. Both party’s financial situations, including personal income, superannuation, property and other assets, as well as future earning abilities and expenses or liabilities.
2. The party’s age and health.
3. Whether either party were unable to be to be employed during the marriage, for instance if one party was raising children
4. What is a reasonable standard of living for both parties
5. Whether the marriage has affected the ability to find future employment for  either party
6. Whether there are dependent children or adult disabled children and who they live with

Additional Consideration for Spousal Maintenance Orders since 2025

The FLAA (Family Law Act Amendment) has amended s75 of The Family Law Act in relation to spousal maintenance. Since June 2025 it includes a section that the Court may consider the effect of family violence when making a spousal maintenance order. Specifically, “the effect of any family violence, to which one party to the marriage has subjected or exposed the other party”.

Financial Abuse defined as Family Violence since 2025

In addition, FLAA introduced a definition for economic or financial abuse in s4AB(2) of The Family Law Act. This includes

1. Unreasonably denying financial autonomy;
2. Unreasonably withholding financial support needed to meet the reasonable living expenses;
3. Coercion, by threats or abuse, to give or seek money or other items as a dowry; or
4. Hiding or falsely denying things done in connection with the practice of a dowry.

Financial abuse was previously not recognised as family violence. The recent amendment now addresses the power imbalance and exploitations that may occur through economic and financial abuse in a marriage by having it considered in any Court order relating to spousal maintenance.

How is Spousal Maintenance Determined?

Spousal maintenance can be determined both inside and outside of court. In both situations, an experienced family lawyer

Spousal maintenance can be negotiated and determined:

1. At the same time as a property settlement. For more information, please see our article on how property is distributed in a settlement.
2. Using a binding financial agreement (BFA), if both parties reach an agreement
3. In Family Dispute Resolution using mediation
4. By presenting an application to the Federal Circuit and Family Court of Australia for a spousal maintenance order.

Spousal maintenance orders

If no agreement is made between parties outside of Court, one can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a spousal maintenance order. This must be filed within a strict time limit. The time limit is 1 year from the date of the divorce order for married couples and similarly if a marriage was nullified. It is 2 years from the date of separation for de facto couples. It is possible to seek permission to file the application past these dates in special circumstances such as financial hardship.

It is strongly recommended that you seek legal advice from an experienced family lawyer when applying for a spousal maintenance order. BSM Sydney Family and divorce lawyers are able to negotiate with the other side, meticulously draft a submission and effectively advocate for you in Court.

Applicants must provide evidence of their circumstances and provide relevant documents to the FCFCOA. At the hearing, both parties will have the opportunity to present their case. The Court then makes a decision. All orders made by the Court are legally binding.

Spousal maintenance is ceased if the party receiving the maintenance remarries, either party dies or at the time specified in the court orders. The party paying the maintenance may apply to reduce the payments if the other party has an improved financial situation through a new de facto relationship or change in employment.

How can BSM Sydney Lawyers assist you?

Whether you are applying for spousal maintenance or are responding to orders, the family lawyers at BSM Sydney Lawyers can help you understand your rights and responsibilities. Our lawyers are very experienced and work hard to advocate for our clients, reducing the stress out of what can be a difficult and emotional process. BSM Sydney Lawyers take pride in providing a cost effective service with a strong emphasis on avoiding litigation. Over 95% of our family, parenting and divorce matters are settled without going to court, saving our clients time, money and stress. Our senior family lawyers offer a free 20 minute consultation to assess your matter and provide advice.

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BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.