Spousal Maintenance Lawyers Melbourne
Spousal maintenance is financial support paid by one party to a marriage or de facto relationship to a former spouse or partner who cannot adequately support themselves. It is discretionary — never automatic. We advise on the risks and benefits of making or defending a claim, negotiate on your behalf, and make any application the Court requires.
Spousal maintenance lawyers for Melbourne families
Spousal maintenance — known as alimony in the United States — is financial support paid by one party to a marriage or de facto relationship to their former spouse or partner when that person is unable to adequately support themselves. It is not the same as child support or adult child maintenance, which is support for children of the relationship.
In deciding whether you are entitled to receive it, or required to pay it, a Court looks at two things together: the needs of the person claiming, and the other party’s capacity to pay. Receiving spousal maintenance is not an automatic right, and there is no precise formula for working out how much is payable. That makes early, realistic advice worth far more than an optimistic estimate.
We advise you on the risks and benefits of making or defending a claim, negotiate on your behalf, and make any necessary application to a Court. Maintenance rarely sits on its own, so we look at it alongside your property settlement, your divorce and the practical realities of separation.
Firm Principal — Accredited Specialist (Family Law)
More on our spousal maintenance service
A short explainer from our team on how spousal maintenance works and when a claim is worth making.
Prefer to talk it through? Book a confidential consultation or call (03) 9781 4222.
What a Court weighs up
Spousal maintenance is discretionary. These are the factors a Court considers when deciding whether it is payable, and how much.
The needs of the claimant
Whether the person applying can meet their own reasonable expenses from their personal income or assets.
Capacity to pay
Whether the other party actually has the ability to pay the maintenance being sought, once their own costs are accounted for.
Age and health
The age and state of health of both parties, including any incapacity to work caused by injury or illness.
Income, property and resources
What each party earns, owns and can draw on — which is why full financial disclosure matters so much.
Ability to work
Each party’s capacity to obtain gainful employment. Where someone could earn an income but chooses not to, maintenance may be denied.
A suitable standard of living
What a reasonable standard of living looks like for both households, not simply what existed before separation.
Effect on earning capacity
Whether the relationship itself affected either party’s ability to earn — commonly where one person stepped back to raise children.
Children in your care
Whether either party has children living with them, and the cost of caring for them day to day.
Four decades of family law, on your side
Maintenance claims turn on detail — income, expenses, capacity and timing. We pair specialist expertise with a straight answer about what is realistic.
Genuine specialists
Led by an Accredited Family Law Specialist — accurate advice, even in the most complex matters. Here’s why that accreditation matters.
An honest view of your prospects
Maintenance is discretionary and there is no formula. We tell you plainly whether a claim is likely to succeed before you spend money pursuing it.
Costs weighed against the claim
Litigation can cost more than the maintenance in dispute. Where that is the case we say so, and look at an overall property settlement or a lump sum instead.
Negotiation first, Court when needed
We seek a resolution before going to Court. When a Court application is required, we have the experience to run it properly — urgent, interim or final.
Spousal maintenance in Victoria — what to know
The practical detail that decides most claims: deadlines, the kinds of orders available, duration, and how a claim is defended.
The time limits that catch people out
Leave it too long and you lose the right to apply as of course:
- Married: 12 months from the date your divorce becomes final
- De facto: two years from the breakdown of the relationship — which has applied since 1 March 2009, and applies equally to same-sex couples
- Once the limit has passed you must prove hardship before an application can be made at all
Urgent, interim and final orders
An application is made under the Family Law Act 1975, supported by a Financial Statement setting out your income and expenses. Orders can be:
- Made on an urgent, interim or final basis
- Paid as periodic amounts or as a lump sum
- Directed at day-to-day living costs — mortgage or rent, healthcare and other household expenses
How much, and for how long
There is no precise formula, and duration is assessed case by case:
- Often paid for a limited period, to allow someone to get back on their feet after separation
- A “sunset provision” can fix an end date in the agreement or Court Order
- Re-marriage or a new de facto relationship is relevant — the Court considers the financial relationship with the new partner
- Permanent maintenance is possible, but only in limited circumstances
Defending a claim
If a claim has been made against you, it can be answered:
- By filing a Response to Initiating Application with an affidavit and Financial Statement supporting why you do not have the ability to pay
- Low income alone does not establish an entitlement — where an applicant has the potential to earn but chooses not to, maintenance may be denied
- A primary carer is expected to take reasonable steps to find employment once the children start school, where they have the capacity to do so
Talk to us wherever you are in Melbourne
Vic Rajah Family & Estate Lawyers — five offices across Victoria
Level 4, 179 Queen Street, Melbourne VIC 3000
In person at any office, or by phone and secure video
One team. Five offices.
Forty years of care.
From your first phone call through to final orders, you’ll work with genuine specialists who treat your family the way they would want their own to be treated.
Experienced lawyers who genuinely care
The same trusted team supports clients across all of our Victorian offices.
Vic Rajah
Helen Roach
Kate Connolly
Malcolm Burrell
Sarah Pollock
Tahlia Corbin
How we help, step by step
From your first call to resolution, here’s what working with us looks like.
Reach out
Call or enquire online. Our team listens, answers your first questions and books your consultation.
Initial consultation
Meet us at any of our five offices, or by phone or video. We explain your options clearly and outline likely costs.
Your tailored strategy
We prepare your Financial Statement, negotiate with the other side, and focus on resolution — keeping you informed at every stage.
Resolution & beyond
We work towards the best outcome available to you — by agreement where possible, by Court application where necessary.
Five offices — meet us wherever suits
Spousal maintenance clients come to us from across metropolitan Melbourne and the Mornington Peninsula, and we also act for regional, interstate and international clients.
Melbourne CBD
Level 4, 179 Queen StreetMelbourne VIC 3000 Minutes from the Commonwealth Law Courts
Bayside
Level 1, Suite 13, 296 Bay RoadSandringham VIC 3191 Sandringham
Mornington Peninsula
1–3 Davies AvenueMt Eliza VIC 3930 Mt Eliza
Macedon Valley
Level 1, 69 Evans StreetSunbury VIC 3429 Sunbury
Ivanhoe
68 Silverdale RoadEaglemont VIC 3084 Eaglemont
Guides for the questions we’re asked most
Written by our own lawyers — plain-English explanations of the issues that come up again and again.
Spousal maintenance — a fight worth having?
Our long-form explainer: how an application is made, the time limits, duration, and when the legal costs outweigh the claim.
Read the guide MaintenanceAdult child maintenance — eligibility and the obligation to pay
Support for a child over 18 is a separate claim with its own tests. Who qualifies, and who can be asked to pay.
Read the guide DisclosureFinancial disclosure — your obligations and what happens if you don’t
A maintenance claim is decided on the financial evidence. What you must hand over, and the consequences when someone holds back.
Read the guide SuperannuationSuperannuation disclosure in property matters
For most families super is the second-largest asset. How it is disclosed, valued and split.
Read the guide IncomeThe impact of redundancies in family law property disputes
Losing a job changes capacity to pay. How a redundancy is treated, and what it means for existing arrangements.
Read the guide Financial abuseHow financial abuse affects a property settlement
Where one partner controlled the money, the effect carries into both the settlement and any claim for support.
Read the guideCommon questions about spousal maintenance
The questions we are asked most often by clients considering, or facing, a claim for support after separation.
What is spousal maintenance?
It is financial support paid by one party to a marriage or de facto relationship to their former spouse or partner, where that person is unable to adequately support themselves. In the United States it is called alimony. It is separate from child support and adult child maintenance, which relate to supporting children of the relationship.
Am I automatically entitled to spousal maintenance?
No. Spousal maintenance is discretionary and receiving it is not an automatic right. A Court weighs the needs of the person applying against the other party’s capacity to pay, and also considers both parties’ ages and health, income, property and financial resources, their ability to work, a suitable standard of living, whether the relationship affected either person’s earning capacity, and whether either party has children living with them.
The right does not follow automatically from having little or no income. Where an applicant has the potential to earn but is choosing not to, maintenance may be denied.
How long do I have to apply?
If you were married, you have 12 months from the date your divorce becomes final. If you were in a de facto relationship, you have two years from the breakdown of the relationship — a rule that has applied since 1 March 2009 and applies equally to same-sex couples. Once the time limit has expired you will need to prove hardship before an application can be made, so it is worth getting advice early.
How much will be paid, and for how long?
There is no precise formula. The Court decides how much is payable, if any, after considering the applicant’s financial needs and the respondent’s capacity to pay. Duration is assessed case by case: maintenance is often paid for a limited period so someone can get back on their feet, and a “sunset provision” can set an end date in the agreement or Order. Permanent maintenance is possible but only in limited circumstances.
Can it be paid as a lump sum instead of ongoing payments?
Yes. Orders can be made on an urgent, interim or final basis, and payments can be periodic or a lump sum. Where ongoing payments from a reluctant former partner would be difficult, we often look at a lump sum alongside the overall property settlement, so you have enough to re-establish yourself without depending on monthly payments.
What happens if my former partner re-partners or remarries?
It is relevant. A sunset provision may bring payments to an end if the receiving party remarries or enters a new de facto relationship. The Court will consider the financial relationship between the receiving party and their new partner in deciding whether they are now able to adequately support themselves.
A claim has been made against me. Can I defend it?
Yes. A claim is answered by filing a Response to Initiating Application together with an affidavit and a Financial Statement supporting why you do not have the ability to pay. Full and frank financial disclosure matters on both sides. We can advise on the strength of the claim against you and negotiate before it reaches a hearing.
Is it worth pursuing if the amount is modest?
Sometimes not, and we will tell you so. Litigation can be costly, and the legal costs of pursuing a claim can exceed the maintenance sought. In those cases we encourage clients to focus on an overall property settlement, or a lump sum payment of maintenance, rather than ongoing litigation. That conversation is part of the first consultation.
Talk to a spousal maintenance lawyer today
A confidential, no-obligation conversation is the easiest way to find out whether a claim is realistic — and there are time limits, so earlier is better.