Am I Entitled to Spousal Maintenance After Separation in NSW?

Separation often brings sudden financial uncertainty, particularly for a partner who stepped back from paid work to raise children or support the other person’s career. With Sydney’s high cost of living, many people find themselves asking whether their former partner is required to support them financially after the relationship ends.

The answer depends on your circumstances. In Australia, spousal maintenance is not automatic, but it may be available where one party cannot adequately support themselves and the other party has the capacity to help.

Here’s what you need to know about spousal maintenance in NSW.

What Is Spousal Maintenance?

Spousal maintenance is financial support paid by one former partner to the other after separation. It is separate from child support and from a property settlement. While a property settlement divides the assets of the relationship, spousal maintenance addresses a person’s ongoing ability to meet their reasonable living expenses.

It applies to both married couples and de facto couples under the Family Law Act 1975.

Who Is Entitled to Spousal Maintenance?

To be eligible, you must generally establish two things:

1. You cannot adequately support yourself
   You must show that you are unable to meet your reasonable expenses from your own income, earning capacity and resources. This may be because you are caring for a child of the relationship under the age of 18, you are unable to work due to age or health, or for another adequate reason arising from the relationship, such as having been out of the workforce for many years.
2. Your former partner can afford to pay
   Your former partner must have the capacity to contribute after meeting their own reasonable expenses. If they cannot afford to pay, maintenance will generally not be ordered, regardless of your level of need.

What Factors Does the Court Consider?

When assessing a spousal maintenance claim, the court considers a range of factors, including:

1. Age and health
   The age and state of health of each party, and how this affects their ability to work.
2. Income and earning capacity
   Each party’s current income, property and financial resources, as well as their capacity for future employment.
3. Care of children
   Whether either party has the care of a child of the relationship who is under 18.
4. Standard of living
   A reasonable standard of living in all the circumstances, including the standard enjoyed during the relationship.
5. Length of the relationship
   The duration of the relationship and the extent to which it affected a party’s earning capacity.
6. Retraining and re-entering the workforce
   Whether maintenance would help a party undertake education or training to re-enter the workforce and become self-supporting.

How Is Spousal Maintenance Paid?

Spousal maintenance can be paid as regular periodic payments, as a lump sum, or through the payment of specific expenses such as a mortgage or school fees. It may be agreed between the parties and formalised through consent orders or a binding financial agreement, or determined by the court.

In urgent situations, where a person has no means of meeting immediate living expenses, an application for urgent spousal maintenance can be made while the broader issues are resolved.

Strict Time Limits Apply

Time limits are critical. If you were married, you must apply for spousal maintenance within 12 months of your divorce becoming final. If you were in a de facto relationship, you must apply within two years of separation. Applying outside these time limits requires the court’s permission, which is not guaranteed.

Need Advice on Spousal Maintenance?

Whether you are seeking financial support or have received a claim from a former partner, understanding your rights and obligations early is essential. At Chatswood Family Lawyers, we can assess your circumstances, explain your entitlements and help you secure a fair and practical outcome.

Located at Suite 85, 47 Neridah Street, Chatswood NSW. Contact us today on (02) 9412 4500 to arrange a confidential consultation.