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Family law lawyers are able to make spousal maintenance applications for married or de facto couples.

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

The Family Law Act 1975 operates to ensure that if one of the former spouses is unable to meet their own reasonable expenses from their personal income or assets; their former partner has a responsibility to financially assist them only if they are able to do so. Both parties hold an equal responsibility to support and maintain the other as far as they can, with the obligation continuing beyond separation and divorce. However, the extent of the support will be determined depending upon the affordability of the other party. Accordingly, it is imperative to seek advice from family law lawyers to discuss your rights and responsibilities in regards to spousal maintenance.

What is considered in making the decision?

In making a spousal maintenance determination the court will consider both parties ability to pay in addition to:

  • your age and health
  • your income, property, and financial resources
  • your ability to work
  • what is a suitable standard of living
  • if the marriage has affected your ability to earn an income
  • with whom the children (under 18 years of age or adult children who are disabled) live with

For more information on spousal maintenance, click here.

Our specialist family law team can assist in providing you marriage or de facto relationship breakup advice. Our Accredited Family Law Specialists are able to look at the best outcome for you and give you advice as to your legal rights and entitlements in relation to spousal maintenance.

Speak to one of them today regarding your marriage settlement.

For advice about attaining spousal maintenance contact us on 1800 300 170 or email us at

Family law situations can be complex and sometimes they can involve serious issues.  Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.