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Spousal Maintenance

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Amelia Trotman

Spousal maintenance is the financial support of one spouse to support the other spouse following the breakdown of their marriage. Parties to a marriage have a right to make an Application for spousal Maintenance provided by Section 72 of the Family Law Act. Spousal maintenance can also be paid between parties to a de facto relationship and this is covered under Section 90SE of the Act.

The test for spousal maintenance is set out under Section 72 and the court will consider the factors outlined under Section 75(2)(o) when considering an Spousal Maintenance Application. The test considers the party seeking maintenance’s income and expenses, their capacity to earn income and their financial resources, and then the capacity of the other party to pay the maintenance sought.

There are a few different types of spousal maintenance:

  • Urgent (Section 77)
  • Interim spousal maintenance; or
  • Final spousal maintenance.

Spousal maintenance can be paid in a non-periodic lump sum, or in periodic amounts, such as $200 per week until further Order of the Court, or for 3 years until a party completes a period of further training.

To make a spousal maintenance application a party needs to file an Initiating Application (or Application in a Case if the case is ongoing), an Affidavit in Support and Financial Statement as to their current financial circumstances. You will also need to complete Part N of the Financial Statement which outlines your weekly expenses on items such as groceries, electricity and maintenance for the home, etc.

Interestingly, once an order for spousal maintenance is made it can be modified pursuant to Section 83 for married persons or Section 90SI for de facto couples, in the future.

where to next?

It is our aim to alleviate as much of the stress and uncertainty from our clients as possible. We do this by providing you with the information you need to understand the process and the family law system so that you feel calm and confident knowing the likely outcomes and how we will achieve the best outcome for you and your family.

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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