The duration of spousal maintenance in Australia depends on a lot of different factors. Maintenance orders are organised based on each case. Here’s how maintenance durations may work in your circumstances.
Key takeaways
Spousal maintenance has no fixed period
The Family Law Act doesn’t specify a standard amount of time that these arrangements are in effect. For a married couple seeking spousal maintenance, or people in a de facto relationship seeking de facto partner maintenance, it usually only lasts long enough for the receiving party to get back on their feet.
Ongoing financial support over the long term is generally only appropriate in rare cases, such as when a party has a permanent disability. The Federal Circuit and Family Court of Australia (FCFCOA) sets a duration in a court order based on each party’s needs and capacity to pay. If you’re making a binding financial agreement (BFA), you may negotiate a time limit appropriate to your individual circumstances.
Interim or urgent maintenance orders
Property matters can take a long time to finalise in court. The FCFCOA can put an interim spouse maintenance order in place to support a party until a final order can be made.
Urgent maintenance orders are also a temporary solution while a maintenance claim is ongoing. Since it usually needs to be implemented quickly, the Court considers a narrower set of factors.
When spousal maintenance usually ends
A relationship breakdown often puts one party at a greater financial disadvantage. Maintenance payments are typically a stop-gap until that person is able to adequately support themselves. That could be through a lump sum or periodic payments.
A maintenance agreement will often stipulate an end to ongoing payments when certain criteria are met, for example:
Completing education or training for employment.
Gaining suitable employment that allows the party to cover their own reasonable expenses.
Recovering from an illness or injury sufficiently to return to work.
When payments can stop early
Unforeseen circumstances can cause a maintenance agreement to be ended early. Events that may cause an agreement or court order to be voided include:
One of the parties dies.
The party receiving maintenance gets remarried.
If the receiving party starts a new de facto relationship, the Court may look at the party’s new financial situation.
Can spousal maintenance be changed?
A party only has to pay maintenance if they are able to. This is based on factors like their income, assets, and financial resources versus their reasonable living costs. Sometimes, a person’s ability to pay changes. This may require a different arrangement. The other party’s capacity to pay can be affected in situations such as:
Losing employment.
A significant increase in their cost of living.
The onset of health issues that affect their earning capacity.
The Court may make a new order that accounts for these new circumstances. Parties can also enter a new private agreement they both consent to.
The deadline to apply for maintenance
Unlike child support, maintenance is often handled as part of a property settlement. Seeking a maintenance order generally shares the same deadline as a property order. These deadlines are:
Within one year of a divorce order.
Within 2 years of a de facto couple’s separation date.
The FCFCOA may allow parties to get a maintenance order after this time. But this is only allowed in limited circumstances.
You can generally organise maintenance through a BFA at any time. This can make it a more flexible way to handle financial matters. But it’s important to seek legal advice to determine the appropriate course of action for your case.
Get advice about your spousal maintenance
These payments aren’t generally designed to last forever. Deciding the right duration involves considering the needs and financial capacity of each party and their life circumstances. Working with a family law team such as Bateys Law Firm can help you work towards an agreement with your former partner. We can provide assistance such as:
Gathering information on your living expenses.
Negotiating terms with the paying party.
Organising interim maintenance, if necessary.
If you’re looking to organise financial assistance with a former spouse, contact us to set up a free confidential consultation
Bruce Batey
Bruce Batey is a Director of Bateys Law Firm, specialising in Family Law, Wills and Estate Planning. Known for his compassionate, client-focused approach, he is passionate about protecting families against the unexpected and delivering the best possible outcomes in a caring, professional environment.
Bruce is a past President of the Bankstown and District Branch of the Law Society and a former White Ribbon ambassador. In his spare time, he is a member of the NSW Fire and Rescue Band, where he plays cornet, and enjoys reading and listening to classical music.
