Spousal Maintenance

Spousal Maintenance Lawyers Sydney

Separation or divorce often raises concerns about how each partner will manage financial matters moving forward. For some, the end of a relationship means a sudden loss of income or support. Spousal maintenance (sometimes called spousal support or alimony) is the legal mechanism that seeks to address this, but it can come with its own set of challenges and considerations.

At Doolan Wagner Family Lawyers, our team regularly advise clients on whether they may be eligible to claim maintenance, how much might be payable, and the options available to resolve disputes quickly and fairly.

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What is spousal maintenance?

Spousal maintenance is a form of financial support that one former partner may be required to provide to the other after the breakdown of a marriage or de facto relationship. It recognises that separation can leave one party without the means to cover their reasonable living costs, particularly if they have been out of the workforce, caring for children, or facing health issues.

This type of support is separate from child support and is focused on ensuring fairness between partners when one cannot meet their own needs and the other has the financial capacity to assist. Payments can be made on a temporary or longer-term basis, depending on the circumstances, and are designed to help the receiving party work towards becoming financially independent.

Who can apply?

Not every separating partner will qualify for spousal maintenance entitlements. The Court looks at two key questions when determining eligibility:

Does the applicant have a genuine financial need?
This means they cannot reasonably support themselves through their own income or resources.
Does the other party have the capacity to pay?
The Court considers whether the other person has enough income or assets after covering their own expenses.

You may be able to apply if, for example:

You are caring for a child under 18,
Your age or health makes it difficult to work,
Your earning capacity has been reduced because of responsibilities during the relationship (such as leaving your career to be a stay-at-home parent), or
You are experiencing financial hardship after separation.

In both marriage and de facto cases, eligibility depends on balancing these two factors: demonstrated need and the other party’s ability to contribute.

What does the Court consider when making an order for spousal maintenance?

Key factors the Court considers include:

Your age, health and capacity to earn an income.
Each party’s current income, property and financial resources.
Whether one parent has primary care of a child under 18.
The effect the relationship had on either partner’s ability to work or build a career.
The financial impact of family violence, where relevant.

Every case is unique. That’s why getting advice from an experienced family lawyer is essential to understand where you stand and how to present the strongest possible case.

How is spousal maintenance paid?

Spousal maintenance is payable in a variety of ways:

payments in a lump sum;
payments on a weekly, monthly, yearly or other basis;
the transfer or sale of a property; and
payments on an interim/short-term basis.

The Court aims to provide fair and practical solutions. In most cases, payments are agreed on an interim basis until financial matters are resolved.

Time limits and urgent applications

It’s important to know that you can’t wait forever to make a claim. The law sets out clear timeframes:

For married couples, you have 12 months after your divorce is final to apply.

For a de facto relationship, you have 2 years from the date of separation.

If these deadlines pass, you may still be able to apply, but you’ll need special permission from the Court, which is more difficult to get. Acting early gives you the best chance of protecting your rights.

In urgent situations, you can also ask the Court for immediate financial assistance, so you don’t have to wait months for a decision before getting the support you need.

If money is tight and you’re unsure about your options, book a consult with our team. Our experienced family lawyers will explain the process clearly and help you take the right steps.

Bringing or Defending a Spousal Maintenance Claim? Our Experienced Family Law Team is Here to Help

Whether you are applying for spousal maintenance or responding to a claim, having the right advice makes all the difference.

With Doolan Wagner Family Lawyers, you can expect:

Clarity and Understanding: We explain your position clearly, so you understand whether you may be entitled to receive spousal maintenance or what obligations you could face.

Comprehensive Case Building: Our team prepares and presents strong cases, gathering the financial details and evidence needed to support or defend a claim.

A Balanced Approach: We negotiate practical solutions through family dispute resolution and mediation wherever possible, but act quickly to pursue urgent maintenance or defend unfair claims if required.

Compassionate Support: If Court proceedings are necessary, we represent you with skill and care, ensuring you feel supported and confident throughout the process.

If you need help tackling spousal maintenance, you can reach out any time for personalised advice with no obligation.