How to Claim Spousal Maintenance in Victoria

After a relationship or marriage ends, one partner may find it difficult to meet their financial needs, particularly if they have been out of the workforce or have caring responsibilities. Australian family law recognises this and provides the option of spousal maintenance, financial support paid by one party to the other after separation or divorce.

Understanding when and how to claim spousal maintenance in Victoria is essential for anyone going through a divorce or property settlement. Whether you are the person seeking support or the one being asked to pay it, knowing the rules, eligibility criteria, and court process can help you make informed decisions. Consulting an experienced family lawyer Melbourne ensures that your rights and obligations are properly understood under Victorian law.

What Is Spousal Maintenance?

Spousal maintenance is financial support paid by one spouse or de facto partner to the other to help meet reasonable living expenses. It is different from child support, which is designed specifically for the care of children.

The Family Law Act 1975 allows the court to order maintenance if one person cannot adequately support themselves and the other has the financial capacity to assist.

When Can You Claim Spousal Maintenance?

You may be entitled to claim spousal maintenance if any of the following apply:

• You have caring responsibilities for a child under 18.

• You are unable to work due to age, health, or disability.

• Your income is insufficient to meet basic living needs.

• The other party has the financial ability to provide support.

In Victoria, both married partners can apply for spousal maintenance. However, time limits apply. For married couples, the application must be filed within 12 months of a divorce order taking effect.

If you are outside these limits, you may still apply, but you must convince the court that hardship would result if leave were not granted.

The Factors Courts Consider

The court does not automatically grant spousal maintenance. Each application is carefully assessed based on the circumstances of both parties. The following factors are typically considered:

• Income and financial resources of both parties.
• Age and health of each person.
• Ability to work or earn an income.
• Standard of living during the relationship.
• Who is caring for children and the associated costs.
• Any other responsibilities, such as caring for elderly relatives.

The court’s aim is fairness, not punishment. Payments are generally designed to help the receiving partner achieve financial independence within a reasonable time.

Types of Spousal Maintenance Orders

There are two main types of maintenance arrangements recognised by the Family Court of Australia and Federal Circuit Court:

1. Urgent or Interim Maintenance
This is a short-term order made when one partner needs immediate assistance and cannot wait for a final hearing. It might apply if you have no income, no access to funds, or have been financially cut off after separation.

2. Final Maintenance Orders
These provide ongoing support after the final hearing. Payments can be periodic (weekly or monthly) or lump sum, depending on what the court decides.

Example
A court may order temporary payments for six months while one partner secures employment or completes a training course. In some cases, a one-off lump sum is awarded if it will help the recipient re-establish themselves financially.

How to Apply for Spousal Maintenance in Victoria

If negotiations between parties fail, an application can be made to the Federal Circuit and Family Court of Australia. The process typically includes:

1. Filing an Initiating Application and a Financial Statement detailing income, expenses, assets, and liabilities.

2. Supporting evidence, such as proof of expenses and medical or employment documents.

3. Service of documents on the other party.

4. Court hearings, where both sides present their financial positions.

Before reaching court, it is common to attempt family dispute resolution or mediation. This can help achieve an agreement faster and with less expense.

How Long Does Spousal Maintenance Last

Maintenance orders are generally temporary, as the court expects both parties to move toward financial independence over time. The duration of these payments depends on the recipient’s age and health, their ability to return to the workforce, the needs of dependent children, and the availability of financial resources. Orders can also be varied or cancelled if circumstances change. For example, spousal maintenance may stop if the recipient remarries, enters a new de facto relationship, or experiences a significant improvement in their financial position.

Tax Implications and Record Keeping

Unlike property settlements, spousal maintenance payments are not considered taxable income for the recipient and cannot be claimed as a tax deduction by the payer. Both parties should maintain clear and detailed records of all payments made or received to avoid future disputes and to provide evidence if an application for variation arises. It is also important to review estate planning once maintenance obligations are established, ensuring that wills, superannuation nominations, and binding financial agreements reflect the most up-to-date financial arrangements.

Negotiating Spousal Maintenance Out of Court

Not all spousal maintenance matters need to be decided by a judge. Many couples reach agreements through consent orders or binding financial agreements, which allow both parties to decide the amount, frequency, and duration of payments without going to court. These negotiated settlements often lead to faster resolutions, lower costs, greater privacy, and more control over outcomes. They also provide flexibility to adjust terms if circumstances change. A knowledgeable family lawyer in Melbourne can draft consent orders that are legally enforceable and fully compliant with the Family Law Act, ensuring both parties’ interests are properly safeguarded.

If you are seeking or responding to a claim for spousal maintenance in Victoria, talk to the Melbourne family lawyers at our office. The team can help you navigate the process, secure fair arrangements, and plan your next steps with confidence.