Understanding Alimony (Spousal Maintenance) in Australia
What is alimony? In Australia, alimony isn’t the official legal term, but the concept exists under what’s known as spousal maintenance.
This is financial support that one person may need to pay to their former partner after separation or divorce. It applies when one person cannot adequately support themselves, and the other has the capacity to help.
If you’ve recently separated and find it difficult to meet everyday expenses, you may be entitled to seek this support through the Family Court or Federal Circuit and Family Court of Australia.
Key takeaway: In Australia, alimony is referred to as spousal maintenance. It helps ensure financial fairness when one partner cannot meet their needs after separation.
What Is Alimony?
Spousal maintenance is a court-recognised form of financial assistance paid by one spouse or de facto partner to the other. It’s designed to bridge the gap when one person cannot maintain a reasonable standard of living post-separation.
These payments can be:
- Periodic (made weekly or monthly), or
- Lump-sum payments, depending on the court’s order or mutual agreement.
It’s important to note that spousal maintenance is not automatic. You must prove that you have a legitimate financial need and that your former partner has the financial capacity to assist you.
Key takeaway: Spousal maintenance exists to provide financial stability, but you must prove need and your ex-partner’s capacity to pay.
Who Can Apply for Spousal Maintenance in Australia?
You can apply for spousal maintenance whether you were married or in a de facto relationship, provided you meet certain criteria.
For de facto couples, your relationship must generally have lasted at least two years, or you must have a child together, or made significant contributions (financial or otherwise) during the relationship.
Courts consider a range of factors when assessing eligibility, including:
- Your income, assets, and financial resources
- Age and health
- Your ability to work or retrain
- Whether you have dependents or caring responsibilities
For instance, if you’re the primary caregiver of young children or have health limitations preventing you from working, the court may find you eligible for support.
Key takeaway: Married and de facto partners alike can apply for spousal maintenance if they can show financial need and meet legal criteria.
How Does the Court Decide on Spousal Maintenance?
When determining whether to grant spousal maintenance, the court looks at both need and capacity:
- Your Need: Can you reasonably support yourself?
- Your Ex’s Capacity: Does your former partner have the means to assist?
Other factors include:
- Age, health, and earning potential of both parties
- Income, assets, and property ownership
- Contributions made during the relationship (both financial and domestic)
- Standard of living enjoyed while together
- Responsibility for caring for children or dependents
The court only grants spousal maintenance if both conditions are satisfied: you need financial support, and your ex-partner has the ability to pay.
Key takeaway: Courts weigh your financial need against your ex-partner’s ability to provide support before issuing a maintenance order.
Duration of Spousal Maintenance
Spousal maintenance in Australia is typically short to medium-term—it’s intended to help you become financially independent. The exact duration depends on your circumstances, such as how long it may take to:
- Re-enter the workforce
- Complete education or retraining
- Stabilise financially after caring for children
However, in certain situations—such as chronic illness or permanent disability—spousal maintenance can continue for a longer period or indefinitely.
Key takeaway: Most spousal maintenance is temporary, though it can be extended for long-term hardship or disability cases.
Time Limits for Applying
You must act within strict timeframes:
- Married couples: Within 12 months after the divorce order becomes final.
- De facto partners: Within 2 years from the date of separation.
If you miss the deadline, you can still apply, but you’ll need to seek the court’s permission and explain the delay—approval is not guaranteed.
Key takeaway: Apply within the legal time limits to preserve your right to seek spousal maintenance.
Can Spousal Maintenance Be Changed or Ended?
Yes. Circumstances change, and the law allows flexibility. A court may vary or cancel a maintenance order if:
- Your income or financial position improves
- Your ex-partner’s financial situation worsens
- You remarry or enter a new de facto relationship
Parties can also manage maintenance privately through a Binding Financial Agreement (BFA), provided both receive independent legal advice before signing.
Key takeaway: Spousal maintenance can be adjusted or terminated if there’s a significant change in either party’s situation.
What to Remember About Alimony in Australia
Spousal maintenance aims to promote fairness—not punishment. It’s meant to ensure both parties can move forward without financial disadvantage after a separation.
If you believe you’re eligible, seek legal advice early. A family lawyer can help you prepare documentation, present your financial position clearly, and negotiate agreements outside court if possible.