Home : Legal support : Spousal maintenance
Spousal maintenance and married couples
For couples who were married, spousal maintenance is not automatic and is often considered
as part of an overall financial settlement. If you are unable to meet your personal
financial needs and your former partner has the capacity to pay, you may be entitled to
receive spousal maintenance.
Except in circumstances involving domestic violence both parties have to
attempt to reach an agreement about spousal maintenance or use
family dispute resolution
before
going to court over spousal maintenance. The Family Court can make urgent interim
orders for spousal maintenance until a final decision is made.
Spousal maintenance for de facto (including same sex) couples
New laws regarding spousal maintenance for de facto (including same sex) couples
came into effect 1 July 2009. Separated couples should seek advice from their local
Community Legal Centre or
a solicitor.
