Family Law & Divorce

Spousal Maintenance

Also known as: alimony, partner maintenance, de facto maintenance

In plain English

Financial support one partner may have to pay the other after separation if that person cannot adequately support themselves. Australia does not use the term 'alimony'.

What it means

Spousal maintenance is financial support paid by one former partner to the other under the Family Law Act 1975 (Cth). It is available where one person cannot reasonably meet their own needs and the other has the capacity to pay. It applies to both married and de facto couples (de facto maintenance), and is assessed on need and capacity, not fault. It is separate from child support and may be paid periodically or as a lump sum. Strict time limits apply: generally within 12 months of a divorce order, or within two years of the end of a de facto relationship.

How it's used

While retraining for work, she applied for spousal maintenance because she could not yet support herself and her former husband could afford to help.

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