Alimony Australia
Alimony Australia, more commonly known as spousal maintenance, is financial support that one spouse may be required to pay to the other after separation or divorce.
If you are unable to adequately support yourself and your former partner has the financial capacity to assist, you may be entitled to apply for spousal maintenance through the family law system.
Key takeaway: Alimony in Australia is called spousal maintenance, and it provides financial support if you cannot meet your own needs after separation and your ex has the means to pay.
What Is Alimony Australia?
In Australian family law, the term alimony is not used officially, but the concept exists under the name spousal maintenance. This is a payment made by one spouse to the other to help them cover living expenses when they cannot financially support themselves.
It is not automatically granted—you must show a genuine need for support, and your ex-partner must have the capacity to pay. Spousal maintenance can be paid in regular instalments or as a lump sum, depending on what the court decides or what you both agree on.
Key takeaway: Spousal maintenance is not automatic; you must prove financial need, and your former spouse must have the capacity to pay.
Who Can Apply for Spousal Maintenance?
You can apply for spousal maintenance if you are legally married or in a de facto relationship. For de facto couples, your relationship must meet certain requirements under the Family Law Act 1975, such as living together for at least two years, having a child together, or making significant contributions to the relationship.
Courts look at your ability to support yourself, including factors like health, caring responsibilities, age, and access to employment. For example, if you are the primary carer of young children, your capacity to work may be limited, making you eligible for support.
Key takeaway: You may qualify for spousal maintenance whether married or in a de facto relationship, depending on your financial situation and circumstances.
How Does the Court Decide?
The court considers these factors:
- Your need: Can you reasonably support yourself?
- Your ex-partner’s capacity: Do they have the ability to provide financial support?
- The court also weighs in on details such as:
- Age and health of both parties
- Income, property, and financial resources
- Standard of living during the relationship
- Care of children and dependents
- Contributions made during the relationship
A court will only order maintenance if there is both a genuine need and a demonstrated ability to pay.
Key takeaway: Courts balance your need for support with your former partner’s financial ability before making any spousal maintenance order.
How Long Does Spousal Maintenance Last?
Spousal maintenance is generally designed to provide short- to medium-term support until you can become financially independent. However, the duration will depend on your personal situation.
For example, payments may last until you re-enter the workforce, finish studies or training, or until children reach a certain age. In limited circumstances, such as severe illness or disability, maintenance may continue longer.
Key takeaway: Spousal maintenance is usually temporary support until you can support yourself, though longer-term orders can apply in special cases.
Is There a Time Limit to Apply?
Yes. If you were married, you must apply within 12 months of your divorce becoming final. For de facto relationships, the time limit is two years from the date of separation.
If you miss these deadlines, you may still apply, but you must first seek the court’s permission, which is not always granted.
Key takeaway: You must apply for spousal maintenance within strict time limits unless the court grants an exception.
Can Spousal Maintenance Be Changed or Ended?
Yes, spousal maintenance orders can be varied or cancelled if circumstances change. For example, if your income increases, your ex-partner’s financial situation declines, or you re-partner, the court may adjust or stop payments.
Agreements can also be settled privately through Binding Financial Agreements, provided both parties have independent legal advice.
Key takeaway: Spousal maintenance is flexible and can be reviewed if financial or personal circumstances change.
Alimony Australia: What You Should Remember
If you are considering applying for spousal maintenance, remember that it is about balancing need and capacity. You should be prepared to demonstrate your financial circumstances clearly, while also understanding your ex-partner’s ability to contribute.
It’s not about punishing one party but ensuring fairness and financial stability after separation, especially where one partner cannot reasonably support themselves.