Spousal Maintenance

Helping you navigate spousal maintenance
in Australia.

Separation or divorce can create financial uncertainty, particularly where one partner has been financially dependent on the other. At KLM Solicitors, our family lawyers provide clear advice to help you understand your rights and obligations regarding spousal maintenance.

Spousal maintenance often arises alongside divorce and property settlement, and our team can assist you in resolving these financial matters with practical and strategic legal guidance.

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What Is Spousal Maintenance?

Spousal maintenance is financial support paid by one party to their former spouse or de facto partner after separation. It is designed to assist a person who cannot adequately support themselves following the end of a relationship.

This may apply where a person is unable to support themselves due to:

  • Primary care of young children

  • Age or health conditions

  • Limited earning capacity

  • Lack of workforce experience

Depending on the circumstances, you may be entitled to receive spousal maintenance—or you may be required to pay it.

Are You Eligible for Spousal Maintenance?

To be eligible, the person seeking support must generally show that they are unable to adequately support themselves and that the other party has the financial capacity to provide assistance.

When assessing spousal maintenance, the Court may consider factors such as:

  • Income and financial resources of both parties

  • Each person’s earning capacity

  • The length of the relationship

  • Financial and non-financial contributions made during the relationship

Our lawyers can help you understand how these factors may apply to your situation.

Types of Spousal Maintenance

There are several types of spousal maintenance arrangements in Australia:

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INTERIM MAINTENANCE:
Short-term support while a property settlement is being finalised

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URGENT MAINTENANCE:
Immediate short-term support for emergency needs 

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FINAL MAINTENANCE ORDERS:
Long-term arrangements, either lump-sum or periodic payments 

We help you negotiate a fair agreement or apply to the Family Court if required. 

Book a consultation with our team