Spousal maintenance may be payable by either party to the other party following a separation in both marriages and eligible de facto relationships. In deciding whether a spouse is entitled to maintenance (and the amount of maintenance) a court will take into account a number of factors including: age, capacity for employment and the circumstances of the children – particularly minors. Spousal maintenance can be paid periodically or in a lump sum. A spousal maintenance order can be varied if there is a change to either parties' financial circumstances.
An application for Spousal Maintenance can be made immediately following separation – you do not have to wait for divorce proceedings to complete. However, it must be lodged within 12 months of a divorce application reaching decree absolute or within 2 years for the end of a de facto relationship. Any application after this date will need to convince the court that there are special circumstances that would allow the application to proceed.
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