Spousal and De Facto Maintenance – Is this a real thing?
- Renee Jensen
- Aug 15
- 2 min read
Family Law, Divorce, Separation
The Family Law Act 1975 (the Act) has made it possible for spouse parties to benefit from spousal or de facto maintenance after the breakdown of a relationship in certain circumstances.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one party to a marriage to the other party (current or former husband or wife) where the other party is unable to adequately support themselves.
What Is De Facto Maintenance?
De facto maintenance is financial support paid by a party to a de facto relationship to their former de facto partner once the relationship has broken down. De facto maintenance is only considered in circumstances where a de facto party is not able to support themselves. The de facto relationship must meet certain jurisdictional requirements.
Key Take-aways
In situations where a spouse or former de facto partner does not have the capacity or ability to support themselves, the FLA provides that a partner/ex-partner or former de facto spouse has a responsibility to financially assist.
Both parties have an equal duty to support and maintain each other as far as they can.
Can be made during, at separation and after the breakdown of the relationship.
The extent of the support depends on what the other party can afford to pay.
Time Limits for Applying
within 12 months of the divorce order taking effect.
within two years of the breakdown of the de facto relationship.
When Maintenance Ends
Cessation of maintenance will occur if you marry another person, unless the Court orders otherwise.
Entering into a new de facto relationship may impact your eligibility for maintenance.
The Court will consider the financial relationship between you and your new de facto partner and make a determination as to whether you are able to support yourself adequately.
If you think you need a maintenance order urgently, you can apply for urgent maintenance.
Spousal and de facto maintenance may help when a partner cannot support themselves after separation. Contact Dormer Stanhope for advice tailored to your situation.
