Where you may be now
How will I pay the bills while this is sorted out?
In many families one partner earned most of the money, or managed all the accounts. After separating, the other partner can be left with very little, even when there is plenty of money in the family overall.
That puts pressure on you to accept a poor property settlement just to cover the rent or the mortgage. Spousal maintenance is designed to stop that happening. It can provide support while your matter is resolved, and sometimes afterwards.
If you are the one being asked to pay, you need to know what is reasonable, and what is not.
How the law works
Maintenance under the Family Law Act
Spousal maintenance is governed by section 72 of the Family Law Act 1975 (Cth) for married couples and by section 90SF for de facto couples. A party has a duty to maintain the other to the extent they are reasonably able to, if the other cannot adequately support themselves because of:
- having care and control of a child of the relationship who is under 18;
- age, or physical or mental incapacity for appropriate gainful employment; or
- any other adequate reason.
The court considers a list of factors including each party's age and health, income, property and financial resources, earning capacity, responsibilities to support others, the effect of the relationship on earning capacity, and a standard of living that is reasonable in the circumstances.
Forms of maintenance
Orders can be for urgent maintenance, interim maintenance until final orders, periodic payments for a fixed or open period, or a lump sum. In property settlements, a party's future needs can also be recognised through a larger share of property instead of ongoing payments, often a cleaner result.
| Spousal maintenance | Child support | |
|---|---|---|
| For | A former partner | Children |
| Decided by | Agreement or the court | Services Australia formula, agreement or departure order |
| Test | Need and capacity to pay | Income, care percentage, cost of children |
| Law | Family Law Act 1975 | Child Support (Assessment) Act 1989 |
Common situations
When income is hard to pin down
It is not always obvious what a person can afford to pay. Income may come through a business, a family trust or bonuses rather than a regular salary. Expenses may be paid by a company. We look at the full picture, and where necessary work with an accountant, to find the real numbers.
Sometimes it makes more sense to receive a larger share of the property instead of payments over years. We will show you both options so you can choose.
How we help
Clear numbers, quickly
Whether you are seeking support or responding to a claim, we act quickly and precisely. For applicants, we prepare a well-evidenced budget and, where needed, apply for urgent support so that you can negotiate the property settlement without financial pressure. For payers, we test the claim, identify what is genuinely reasonable, and look for structures that end ongoing obligations cleanly.
See also our pages on property settlement and child support.
Last reviewed 27 September 2026 · General information only, not legal advice