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What is Spouse maintenance?

Spouse maintenance is financial support paid by a party to a marriage to their former husband or wife in circumstances where they are unable to adequately support themselves.

This is different to child support or adult child maintenance.


What does a court consider for the application (include but not limited to)?

  • Your Age and Health;
  • Your Finance status;
  • Your ability to work;
  • Suitable standard of living;
  • Your children (under 18 years old).


Do I still receive maintenance after I start a new relationship?

You are not entitled to maintenance if you marry another person. If you start a new de facto relationship, the court will consider whether you are able to support yourself adequately.


How do I apply for spouse maintenance?

If you cannot reach an agreement between the parties (consent orders), you can file an application in the Federal Circuit Court and seek for spousal maintenance order.

You will need to set out your income and expenses in a financial statement when you make the application.


When can I apply for application?

As there is a time limit on the applications for spouse maintenance, if you do not apply in time, you will need permission from a court, which may not be always granted.


If you have any questions in relation to spouse maintenance arrangement or property and financial orders, we can provide you with professional and confidential advice. We can be reached by email or call us on 8410 9069.