When a relationship ends, finances rarely fall into tidy columns. One household becomes two, income must stretch further, and worries about making ends meet can overshadow every other concern. Spousal maintenance exists for precisely that gap: it is designed to help one former partner manage a reasonable standard of living when they cannot yet support themselves, and the other party has the capacity to assist.
Below is a practical guide to eligibility, deadlines and the steps involved in applying for maintenance in Victoria. It is written for anyone feeling overwhelmed by the paperwork and unsure where to start.
Who Is Entitled to Spousal Maintenance?
You may be entitled to maintenance if you are:
- Separated or divorced from a spouse
- Separated from a de facto partner whose relationship ended on or after 1 March 2009
- Formerly married, and your marriage has been annulled
A new marriage usually ends the right to ongoing payments unless the court finds special circumstances. Entering a de facto relationship, significant changes in childcare duties or a major increase in earning capacity can also justify ending or reducing maintenance.
Basic Eligibility Test
A court looks at two questions:
- Need: Can the applicant meet their own reasonable living costs? Factors include age, health, existing income, care of children and current liabilities.
- Capacity: Can the other party contribute without hardship? The court reviews income, assets and financial commitments.
If both conditions are met, the obligation arises. For many separating couples, this discussion happens alongside broader decisions about family law issues such as parenting or property.
Key deadlines
- Within one year of a divorce becoming final
- Within one year of an annulment
- Within two years of the end of a de facto relationship
Applications after these windows require special circumstances and the court’s permission, so early advice is critical.
Starting Your Spousal Maintenance Application
- Attempt an agreement first
Family Dispute Resolution services or private negotiation can settle maintenance without litigation. Many couples include support terms in a parenting agreement after separation or a binding financial agreement. - File the court forms
If agreement is impossible, file an Initiating Application and Financial Statement in the Federal Circuit and Family Court. Attach documents showing income, living costs and any health or child-care factors affecting work. - Exchange disclosure
Both sides provide full and frank financial information. Omissions risk penalties and can unravel orders later. - Interim hearing (if urgent)
Where immediate support is vital, the court can set temporary payments until a final decision. - Final determination
The judge decides whether maintenance is payable, sets an amount, and if needed, a review date. Payments are usually fortnightly or monthly, though lump sums are possible.
How the Court Calculates Spousal Maintenance
There is no fixed formula, but common considerations include:
- The regular living expenses of each party
- Income, assets and debts on both sides
- Age, health and future earning capacity
- Length of the relationship and financial interdependence
- Standard of living enjoyed during the partnership
- Child-care responsibilities that limit work opportunities
If the paying party’s finances change significantly, they can apply to vary the order. Likewise, the recipient must request a change when their situation improves, for example, by completing study or securing full-time work.
When Spousal Maintenance May Be Justified
- A partner who paused their career for ten years to raise children and now needs time, training or childcare to re-enter the workforce.
- Someone with chronic health issues is limited in working hours, while the former spouse remains on a high salary.
- An older dependent partner who left paid work long ago and cannot rebuild retirement savings before pension age.
Courts examine each case on its merits and balance reasonable need against the other party’s genuine capacity.
How to Handle Missed or Late Payments
Unpaid maintenance becomes a debt recoverable through enforcement action. The court may garnish wages, register interest on property, or, in serious cases, consider contempt. For couples who have finalised property settlement under divorce law, maintenance enforcement often proceeds alongside any unresolved property-order obligations.
How and When Spousal Maintenance Ends
Regular payments cease if the recipient remarries, unless the court orders otherwise. They may also end if the recipient forms a de facto relationship or significant financial circumstances shift. A formal application is still required to vary or discharge the order.
Helpful Tips Before Starting Your Application
- Gather at least six months of bank statements, payslips, medical reports and a detailed budget.
- Be realistic about ongoing expenses and potential income. Courts look for genuine efforts to achieve independence.
- Keep communication civil. Clear disclosure and respectful negotiation often shorten the process and reduce legal costs.
- Seek advice early, especially if the time limit is approaching or complex assets, such as a family business, are involved. Discussion with a lawyer can also clarify how maintenance interacts with parenting arrangements and broader children and parenting disputes.
Reflecting on Your Next Steps
Spousal maintenance is not a windfall, and it is not meant to punish. It exists to bridge a financial gap while both former partners rebuild separate lives. Understanding eligibility, deadlines and the careful balancing act courts perform can make the path forward far less daunting.
If you need tailored guidance, whether you plan to apply, respond or vary an existing order, Mohan Yildiz & Associates is ready to help. We listen first, explain each step in plain language and work toward fair, sustainable solutions so you can move on with confidence.
