Spousal maintenance is money paid by one spouse to another when the husband or the wife has a need to be maintained and the other spouse has the capacity to contribute to the financial support of their spouse.
It is the earning capacity of each spouse that is important and when we advise you about your rights and responsibilities regarding spousal maintenance we will need you to give us full details about the earning capacities of each of you as well as detail about what your reasonable weekly needs are. To ask us for a handy schedule to assist you calculate your reasonable weekly needs click here.
For defacto couples, and those in the LGBTI community, whose final date of separation is on or after 1 March 2009, a claim for spousal maintenance is also available.
If your final date of separation was before 1 March 2009 please see the comments under the heading “De facto and Same Sex Relationships”.