What is spousal maintenance?

Spousal maintenance refers to the financial support provided by one spouse to another after the breakdown of a marriage. 

The right of spousal maintenance is contained in section 72 of the Family Law Act 1975 (Cth) (‘The Act’). Section 72(1) provides three criteria for receiving spousal support.

Those being: 

1. having the care and control of a child of the marriage who has not attained the age of 18 years;
2. age or physical or mental incapacity for appropriate gainful employment; or
3. for any other adequate reason;
   
   

Under section 90SE of The Act, partners in a de facto relationship can also receive spousal support if their relationship meets jurisdictional requirements.  

Section 90SB of The Act details that spousal maintenance for de facto relationships may be filed if:

• the de facto relationship lasted at least two years; or
• there is a child of the de facto relationship; or 
• that the party to the de facto relationship which applies for the order or declaration made substantial contributions
• that a failure to make the order or declaration would result in serious injustice to the applicant; or
• that the relationship is or was registered under a prescribed law of a State or Territory.

In emergency circumstances, a party in a spousal maintenance proceeding may make an application for the following:

• Interim orders under s 74(1); or
• Urgent orders under s 77