Understanding Spousal Maintenance: What You Need to Know

Separation and divorce often involve complex financial and emotional considerations, and for many, Spousal Maintenance can provide essential financial support during this challenging time. Spousal maintenance ensures that a former partner who cannot meet their reasonable living expenses is supported, particularly in cases where there is a disparity in financial circumstances.

In this article, we’ll explain spousal maintenance, how it differs from child support, who qualifies, and the options available for negotiating or securing payments.

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What Is Spousal Maintenance?

Spousal maintenance is financial support one partner provides to another after separation or divorce. It is distinct from child support, as it focuses on supporting a spouse or de facto partner who cannot adequately support themselves due to factors like age, health, or responsibilities as a primary carer for children.

This obligation arises under the Family Law Act 1975, which requires one party to provide financial assistance to the other if they demonstrate a genuine need and the other party has the capacity to provide support.

Who Qualifies for Spousal Maintenance?

Eligibility for spousal maintenance depends on two primary factors:

➕ Financial Need: The applicant must show they cannot meet their reasonable living expenses from their own income or assets.

➕ Capacity to Pay: The other party must have the financial means to provide support without experiencing undue financial hardship.

Common Reasons for Financial Need

⚫️ Limited earning capacity due to age or health.

⚫️ Career interruptions for childcare or family responsibilities.

⚫️ Insufficient assets or income post-separation.

How Is Spousal Maintenance Calculated?

Unlike child support, there is no fixed formula for calculating spousal maintenance. Each case is assessed individually, with courts considering:

➕ Income and Financial Resources: Both parties’ earnings, assets, and expenses.

➕ Reasonable Living Expenses: Costs of maintaining a comparable standard of living.

➕ Age, Health, and Earning Capacity: Factors influencing the ability to gain employment or increase income.

➕ Care Responsibilities: The impact of childcare or other caregiving duties on earning potential.

Negotiating Spousal Maintenance: Mediation vs. Court Orders

Mediation

Mediation provides a less contentious, more cost-effective way to resolve spousal maintenance issues. With the guidance of our experienced team, including qualified mediators, you can:

🌿 Discuss financial needs and capabilities in a supportive environment.

🌿 Work toward an agreement that suits both parties.

🌿 Save time and money compared to court proceedings.

Learn more about how mediation can help by visiting our Work With Us page.

Court Orders

If mediation isn’t successful or appropriate, applying to the Family Court for a spousal maintenance order may be necessary. While the court process provides a legally binding decision, it can be more costly and time-consuming. Our skilled family lawyers will help you navigate this process with confidence and clarity.

How Long Do Spousal Maintenance Payments Last?

The duration of spousal maintenance varies based on individual circumstances:

⚫️ Short-Term Payments: Support provided for a specific period, such as during retraining or job-seeking.

 ⚫️ Long-Term Payments: Ongoing support for individuals with limited earning capacity due to age, disability, or caregiving responsibilities.

If financial circumstances change—such as the recipient remarrying, the payer losing their job, or a significant shift in income—spousal maintenance arrangements can be reviewed and adjusted.

At Village Family Lawyers, We’re Here to Help

 

At Village Family Lawyers, we offer a fixed-fee consultation to help you understand your rights and options regarding spousal maintenance. Whether you’re considering mediation, negotiation, or court proceedings, our empathetic and experienced team will guide you every step of the way.

Visit our Our Team page to learn more about the qualified family lawyers and mediators ready to support you.

Contact Us online or call 1300 413 997 to book at a time and location that best suits you.

Your Spousal Maintenance FAQs Answered

1. What is the difference between spousal maintenance and child support?

Child support is specifically for children’s expenses, while spousal maintenance supports the financial needs of a former partner who cannot meet their living expenses.

2. Can spousal maintenance be adjusted if circumstances change?

Yes. You can apply to vary the arrangement if there are significant changes in financial circumstances, such as job loss or remarriage.

3. Is spousal maintenance guaranteed in every divorce?

No. Spousal maintenance is only awarded when one party can demonstrate financial need, and the other party has the capacity to pay.

4. How can I apply for spousal maintenance?

You can apply through the Family Court. For more personalised guidance, book a fixed-fee consultation on our Work With Us page.

5. Can I represent myself in spousal maintenance negotiations?

While it’s possible, having experienced legal representation can greatly improve your chances of a fair outcome.

Village Family Lawyers Initial Consultation Options

Initial Consultation
90-minute

Fixed Fee $440
We offer a fixed fee 90-minute initial consultation for $440 (incl. GST). During that meeting, we will get to know you and provide you with general advice about the law and the range of options available.

Pre-Mediation Conference
90-minutes

Fixed Fee $750
This is a one-off session that includes the Consultation and a follow-up letter of advice for a set fee of $750.

Lawyer-Led Mediation Services

This can garner the best outcome for clients who may struggle to find their voice in this environment, are unaware of their choices, or feel that they do not hold the balance of power.

We both prepare and brief you prior to your mediation and also represent you during mediation proceedings to ensure that you are heard and that the outcome is fair, equitable, and in your and your family’s best interest.

Additional Family Law Resources

Contact us today and let us help you move forward with your life.

Telephone  1300 413 997

 

Office Locations

Mornington Peninsula & Bayside Office
Unit 1 / 24A Ranelagh Drive, Mount Eliza, Victoria, 3930

Melbourne Office
49-51 Station Street, Malvern, Victoria, 3144

Postal Address
PO Box 21, Mount Eliza, Victoria, 3930

 

 

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