Splitting up?
If so, you likely have questions about your financial rights and obligations. The end of a relationship is as much an economic event as an emotional one.
Few people understand spousal support law in Australia. Most expect it to work the way it does in American movies.
Australian family law is different, though, and being informed can mean the difference between comfort and real financial stress.
What you’ll find:
- What Is Spousal Support in Australia?
- The Facts: Spousal Support in Australia
- Who Can Get Spousal Support?
- How Much Support Can I Get?
- Time Limits for Applying for Support
What Is Spousal Support in Australia?
Before we get into the nitty-gritty…
Let’s be clear about the difference between spousal support, alimony, and family law in Australia.
Spousal support is financial support given to a former spouse or partner by a former spouse or partner following separation or divorce.
Alimony is American family law jargon which means something slightly different and is regulated under a totally different legal system.
Alimony in America vs spousal support in Australia
In other words, this is an Australian guide to Australian family law and specifically spousal support or spousal maintenance in Australia.
Spousal maintenance – Australian family law explained
Spousal maintenance in Australia is a discretionary financial payment or series of payments ordered by a court from one former partner to another following relationship breakdown or divorce. It is intended to partially meet the reasonable needs of the former partner receiving support.
And here’s the catch…
It’s not guaranteed. You need to apply for spousal support in Australia, and you must meet certain criteria to qualify.
For specialised family law advice, turn to the experts at Family Law Partners Gosford.
Who Can Get Spousal Support?
To get spousal support or maintenance in Australia, you must satisfy two key criteria:
1. You can’t support yourself adequately: Your income, assets, and financial resources are not sufficient to meet your reasonable living expenses.
2. Your former partner has the capacity to pay: They can support themselves and have enough extra money to pay spousal support.
Other factors the court considers:
- Your age and health
- Earning capacity
- Caring for children under 18
- Standard of living during the relationship
- Duration of the relationship or marriage
Tip: Different types of relationships
Get this – spousal support is for former spouses and de facto couples. It can also apply to people who were in a de facto relationship for a certain time. The rules are pretty much the same, but there are different time limits.
How Much Support Can I Get?
Ok, so what’s the number?
It’s complicated…
Unlike child support, there’s no magic formula for spousal maintenance amounts in Australia.
Each case is unique, and the courts decide based on the specific financial situation of the parties involved.
Recent figures show the average amount of spousal maintenance paid is $513 per month, but again, that’s an average. Some people receive more, some receive less, and many receive nothing at all.
Here are the details you need to know.
The court will consider many factors:
- Your financial needs and circumstances
- Their ability to pay
- What is reasonable given your unique situation
Time Limits for Applying for Support
This is important…
The thing is, there is a time limit.
Don’t wait until next year or the year after to apply. The strict time limits for applying are:
- Married couples: 12 months from when your divorce becomes final
- De facto couples: 24 months from when your relationship ends
Missing the deadline? There is a small chance the court may extend the time limit, but only for very good reason and in exceptional circumstances.
Are Spousal Support Orders Permanent?
Remarriage and new partners
You remarry or start a new de facto relationship, your right to receive spousal support usually ends.
If you just start a new de facto relationship, it’s a little trickier, and the courts will consider your new financial situation and support from your new partner.
Applying for Spousal Support
Making your application
If you need to apply for spousal support, you need to file an application with the Federal Circuit and Family Court of Australia providing detailed information about your financial situation and the reasons you can’t support yourself.
In short, you must prove two things:
- You can’t support yourself adequately
- Your former partner can afford to pay
It’s not easy. Most people seek legal advice before applying for spousal maintenance.
Needing Urgent Support
Sometimes, you can’t wait
If you are in urgent financial need and can’t wait for the court to hear your case, you may be able to apply for urgent spousal maintenance.
It’s only for the most extreme situations where you need immediate help.
Are Spousal Support Orders Tax Deductible?
Kids and tax
Different to child support, spousal maintenance payments are not taxable income for the person receiving it. Nor can they be claimed as a tax deduction by the person paying.
Centrelink
If you are receiving any kind of Centrelink benefits, however, you must inform them of spousal maintenance payments.
Changing or Terminating a Support Order
Courts are flexible
Courts may vary or change spousal maintenance orders if there is a significant change of circumstances. For example, if a recipient’s circumstances improve or worsen or no longer need the support.
Orders usually set for a certain length of time and then reviewed but they can end early or be varied for different reasons like new jobs or loss of work, new partners or living arrangements, and major health issues.
Your Legal Options
You may have choices
If you and your former partner can agree about support terms, you don’t need the court to make an order at all.
It may be enough to settle things by negotiation between solicitors or through family mediation with a neutral third party. You can even create a Binding Financial Agreement that sets out agreed terms about financial matters including spousal support.
But if you can’t agree, the court has the final say.
Get Advice Tailored to Your Situation
Bottom line
Your case is unique and personal. The law gives courts a lot of flexibility, so outcomes may vary a lot, even in similar cases.
This is why getting good legal advice that is specific to your individual circumstances is so important.
A family law solicitor or accredited family law specialist can help you make sense of your situation and give you a realistic idea about whether you are likely to be entitled to receive spousal support or to have to pay it. They can tell you about the likely range of amounts that may be ordered and help you plan your next steps.
Smart Strategies for Your Future
Fairness is key
The purpose of spousal support after separation is not to punish or reward anyone. Nor is it to help you keep living at your old lifestyle standard.
Spousal maintenance in Australia is intended to help the people who have a genuine financial need to meet their reasonable needs following separation and until they can support themselves.
In short, it’s about fairness and making sure people can look after themselves after a relationship breakdown.
Advice is free
Need to know more? Get professional advice about your financial rights following separation or divorce.
The lawyers at Family Law Partners Gosford can help, contact us online or call us for a free, no-obligation discussion.
Summary: Know Your Rights
Spousal support in Australia is neither guaranteed nor simple.
Despite the high divorce rate and all those breakups – 47,216 divorces were granted in 2024 – few relationships end in ongoing spousal maintenance orders.
Know your options and your time limits, take smart action, and get the advice you need to protect your financial future.
