Spousal maintenance

One ex-partner may need to financially support the other after the end of marriage or defacto relationship.

When you need legal advice

Get legal advice if you:

  • are considering agreeing to or signing a financial order
  • cannot agree about how to divide property and assets and are thinking about going to court
  • need to apply for spousal maintenance but time limits have expired
  • want to apply to court to vary (change) your maintenance orders.

How to get legal advice

What is spousal maintenance?

This is the responsibility that you or your ex-partner might have to financially support (maintain) the other person after your separation or divorce. It is different to child maintenance. It doesn’t matter if you were married or in a de facto relationship.

Generally, you will only have to pay maintenance if your ex-partner cannot support themselves and you have the capacity to contribute to their support. You can make regular payments or pay a one-off lump sum payment.

It is a good idea to agree on maintenance when you are negotiating a property settlement so that all financial issues are sorted out at the same time.

What if we can't agree?

In most cases, the law says that you should try to resolve disputes before you go to court. A Family Relationship Centre, Legal Aid Queensland or another family dispute resolution service may be able to help you and your ex-partner reach agreement on maintenance arrangements.

If you still cannot agree, you can apply to the court for a financial order. You will need to show:

  • that you need maintenance
  • your ex-partner is able to pay maintenance
  • the effect of any family violence that one person has subjected or exposed the other person to in the relationship
  • age and health of each person
  • the income, property and financial resources of each person
  • your ability to work
  • what is a suitable standard of living and if the marriage has affected your ability to earn an income
  • care and financial support of children or adult children who are disabled, including housing needs.

The court will make financial orders based on what is fair to both people. If an order for maintenance is made, each person listed on the order must follow it. 

Time limits

There are time limits. You can apply for maintenance at any time within these time limits—even if you have not yet left the house.

If you want to apply for a maintenance order, you must do it:

  • within one year from the date your divorce was finalised
  • within 2 years from the date your de facto relationship ended.

You can only apply to the court for maintenance after this time in special circumstances.

When do maintenance payments stop?

The right to regular payments ends if:

  • you get married again, unless there are special circumstances
  • your financial situation improves, for example, because you are in a new de facto relationship
  • your responsibility for caring for children changes significantly
  • your earning capacity improves.

To end maintenance, you need to apply to the court to vary (change) your maintenance orders. You can do this even if you have final orders.

Acknowledgement—Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.

How to get legal advice

Legal Aid Queensland may provide legal advice on spousal maintenance.

Contact us

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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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