Spousal maintenance can be confronting to talk about. Many people worry it’s about blame or morality. In Australian family law, it’s generally approached as a practical question: does one person have a genuine need, and does the other have capacity to assist?
When spousal maintenance may be relevant
- A significant income gap after separation
- One party cannot meet reasonable living expenses
- Care of young children limits work capacity
- Health issues affecting earning capacity
- A transition period while someone re-enters the workforce
How it connects to property settlement
Spousal maintenance and property settlement are related but distinct. Many matters consider them together so the overall outcome is practical and fair.
Frequently asked questions
Is spousal maintenance automatic?
No. It depends on need and capacity, assessed in context.
Does divorce affect time limits?
Time limits can apply after divorce becomes final, so timing matters.
This article is general information and not legal advice.