What Is Spouse Maintenance & How To Apply

You are separated. You have been supported by your spouse. You need financial support, here is how to get it. 

What is Spouse Maintenance?

Spouse maintenance is financial support provided by one party of a marriage or de facto relationship to their former spouse, in circumstances where the former spouse is unable to adequately support themselves. 

If during the relationship, you were primarily or solely supported by your ex, they have an obligation to financial assist if you are unable to meet your reasonable expenses. 

Spouse maintenance is also available to you if you were not married but were in a de facto relationship. 

What are the Criteria you need to be eligible to apply for Spouse Maintenance?

Do you have a need to receive spouse maintenance? To determine this, an assessment of the following is needed: – 

1. Whether or not you are in good health and how your age, may affect your ability to re-enter the workforce;
2. Whether you have sufficient income from your employment or from your available assets;
3. Whether you are able to enter or re-enter the workforce and earn an income and the extent to which the relationship has hindered your ability to work; and 
4. The standard of living you received during the course of the relationship.

Does your former partner have the capacity to pay you spouse maintenance? To determine this, an assessment of the following is needed: –

1. Their ability to generate income;
2. The available assets of your former partner to meet the cost of spouse maintenance; and
3. The expenses incurred by your former partner.

How do I apply for Spouse Maintenance?

To apply for spouse maintenance, you will need to file three (3) separate documents: – 

1. Initiating Application seeking Interim Orders for spouse maintenance. This will include the sum that you seek to be paid, and the duration of those payments;
2. Financial Statement that identifies your income, expenses, assets, liabilities, and financial resources;
3. Affidavit that sets out your story and provides details of who met your expenses prior to separation. 

File Your Application 

You will need to file the documents listed above, once properly signed and witnessed, with the Family Court. You need to pay the filing fee, currently $485.00, and you will receive a Court date before a Registrar. 

Service 

You need to serve the application on your ex. This can be done by a process server, electronic means or by post.  

Attend the Court Hearing

Your matter will then be listed before a Registrar or Judge for determination. You can apply for the matter to be listed urgently if there is a need for urgent spouse maintenance. 

What can go wrong? 

You may need our expert family law advice to assist with these common problems: – 

1. You or your former spouse has re-partnered;
2. Your spouse has increased their spending post separation;
3. You are unsure what expenses are able to be met;
4. If your matter requires urgency; or 
5. You are unable to serve your ex with the Court documents.

If you would like any assistance with your divorce, Dorter Family Lawyers and Mediators are expert family lawyers who specialise in all areas of family law and can assist. Please contact with us on (02) 9929 8840.