spousal maintenance

Family Law spousal maintenance

The Family Law Act 1975 (Cth) (FLA) provides that a former spouse/partner is liable to financially support the other former partner following the breakdown of a de facto relationship or marriage where they cannot afford to support themselves in certain circumstances. These circumstances include such situations as where a party has care of a child, where a party is unable to afford a reasonable standard of living and where a party is unable to work or obtain adequate work.

For example, in the circumstance where a Wife earns a significant income and the Husband is unable to work, or find work, the Wife may be ordered to pay spousal maintenance to the Husband. When determining whether an order for spousal maintenance is appropriate the court will also take into account the other former partner’s capacity to fund the financial support.

Urgent Spousal Maintenance

Importantly, the Family Law Act provides for urgent spousal maintenance to be paid to parties in cases where the court considers the party is in need of “immediate” financial assistance. For example, in the context of a sudden loss of income (during the COVID-19 pandemic for example), whereby a party has lost their job or is subject to reduced working hours and is in need of immediate assistance, this would likely be considered by the court as an appropriate circumstance to make an order requiring payment of urgent spousal maintenance.

Non-Urgent Spousal Maintenance

The Family Law Act also provides for spousal maintenance to be paid in non-urgent circumstances. This usually applies where a former partner requires assistance until their final property settlement can be resolved. However, there is also the possibility of obtaining a spousal maintenance order on a final basis so that the order for spousal maintenance is ongoing until (and if at all) the order specifies the payments should stop.