If you can't meet your reasonable living expenses after separation, you may be entitled to financial support. DSA Law helps you understand what's possible and get it formalised.
When a relationship ends, one partner is sometimes left in a significantly weaker financial position. Whether that's because of caring responsibilities, a gap in employment, health issues, or a long-standing imbalance in earning capacity, the law recognises that abrupt financial independence isn't always fair or realistic.
Spousal maintenance exists to address that gap. At DSA Law, we advise both parties, whether you're seeking support or responding to a claim, with clear, practical guidance on what the law allows and what a fair outcome looks like.
Spousal Maintenance
Under the Family Law Act, spousal maintenance may be payable where one party cannot adequately support themselves after separation and the other has the capacity to contribute. It is separate from child support and property division, and is based on financial fairness between former partners.
It may apply where there is a significant imbalance in income or resources, caring responsibilities that limit work capacity, health issues, or reduced earning potential.
Maintenance can be temporary or longer-term depending on the circumstances. There is no fixed amount. It is assessed based on need and the other party’s ability to pay.
Yes. Former de facto partners can seek spousal maintenance under the same provisions as married couples. The eligibility criteria and process are effectively the same.
In determining eligibility and outcomes, the court will consider each party’s financial position, contributions during the relationship, and their respective needs and capacity to support themselves after separation.
Spousal maintenance can be agreed privately, but a private agreement offers no protection if the other party stops paying or disputes its terms later. Formalising the arrangement through consent orders gives both parties certainty and legal recourse.
To be valid and enforceable, any agreement must reflect accurate financial disclosure, be entered into voluntarily, and ensure both parties understand their rights and obligations. We make sure those conditions are met.
Yes. If circumstances change significantly, such as a change in income, a new relationship, or a change in caring responsibilities, either party can apply to vary the arrangement. We can advise on whether a change in circumstances is enough to justify an application and what outcome is realistic.
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