Spousal Maintenance

Spousal maintenance is a scenario where a person contributes to the ongoing financial expenses of their former partner.


Spousal maintenance is different to child maintenance in that the money provided goes to supporting your former partner as opposed to the children. Spousal maintenance is not an automatic right.

On the other end of the spectrum you will often find cases where one party, usually the woman, has been out of the workforce for a significant period of time raising the children and has become de-skilled or unemployable due to age. A further example would be if one party was unable to work due to illness. These situations result in a disparity of income earning capacities between the parties.

Usually the payment of spousal maintenance may be tailored to end upon the occurrence of a specific event, for example, the person receiving maintenance completing training or re-skilling, securing employment or commencing a new de facto relationship.

3 IMPLICATIONS OF Spousal Maintenance

You will need to make an application to the Family Court who has a wide discretion on whether to make an Order, or not, based on a range of factors that include:

  1. Whether you require financial support to adequately provide for yourself; and
  2. Whether your ex-partner has a reasonable capacity to pay. Other considerations include: the length of the relationship; the age and health of both parties; whether either parties has the care of any children who are under 18 years; capacity for any gainful employment and any other financial resources of either party.
  3. Given the wide discretion of the Court to award spousal maintenance and the many factors to be considered, if you believe you are entitled to, or require, spousal maintenance. We can provide an assessment of your circumstances and advice on the best way to proceed.

Why Perth Family Law Centre for Spousal Maintenance Advice?

We believe, when it comes to Property Settlement, the two most important things a family lawyer can offer you is subject matter expertise and personal experience. This is a complicated area of law requiring specialised knowledge, the lawyer you choose must be full bottle on applicable laws, rights and responsibilities throughout the process. An experienced practitioner is even more valuable when they have personally experienced property separation and settlement in their own personal lives.

We've been there..

With years of professional and personal experience in Family Law, we genuinely understand the importance of moving on with your life.

 No surprises..

We understand concerns about unexpectedly large legal bills and disclose legal costs upfront so that you can make informed decisions.

Stay in control..

We achieve the best outcomes for our clients by fighting from your corner with a conciliatory instead of adversarial approach to family law.

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Mark ShawMark Shaw

I rang David to book a consultation, expecting to pay, but instead he took 30 minutes out of his schedule to provide some excellent advice - all for free!
Much appreciated

Tina parsonsTina parsons

Thankyou David for your excellent service and advice. While I was quite nervous with the process David's professionalism and care made me feel very comfortable and reassured. I have no hesitation in recommending Perth family law centres.