Spousal Maintenance in Australia: The Law and Time Limits

Spousal maintenance in Australia is not automatic. Under section 72(1) of the Family Law Act 1975, a party must maintain the other only where that person cannot adequately support themselves, weighed against the section 75(2) factors and subject to strict time limits.

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Western Australia is different for de facto financial matters. Western Australia did not refer de facto property and financial matters to the Commonwealth, so the federal Part VIIIAB provisions described on this page do not govern a de facto property or maintenance claim in Western Australia. Those claims run under the Family Court Act 1997 (WA), which has its own provisions and its own thresholds, including a two-year relationship requirement under section 205Z and declarations of property interests under section 205ZA. If your de facto matter is in Western Australia, work from that Act and not the section numbers used here. Married couples in Western Australia remain under the federal Family Law Act 1975.

This article addresses spousal maintenance for married couples under Part VIII of the Family Law Act 1975, and the equivalent de facto maintenance provisions under Part VIIIAB. It does not address child support, which Services Australia assesses separately under the Child Support (Assessment) Act 1989; see child support in Australia.

The threshold: section 72(1)

Spousal maintenance is not an automatic entitlement that arises simply from having been married. Section 72(1) of the Family Law Act 1975 provides that a party to a marriage is liable to maintain the other party, to the extent that the first party is reasonably able to do so, only if the other party is unable to support themselves adequately for one of three reasons: because they have the care and control of a child of the marriage who has not turned 18; because of age or physical or mental incapacity for appropriate gainful employment; or for any other adequate reason, having regard to the section 75(2) matters. This is a needs-and-capacity test, not a right that flows automatically from marriage or its length. A financially independent former spouse generally has no entitlement to maintenance, regardless of how long the marriage lasted or how the property was divided.

The section 75(2) factors

Once the section 72(1) threshold is potentially met, a court decides whether to make a maintenance order, and in what amount, by weighing the factors in section 75(2). These are a distinct list from the contributions and circumstances considered in property settlement under section 79(4) and 79(5), even though several factors overlap in substance, such as age, health, income, care of children, and the effect of family violence. Section 75(2) also directs the court to consider matters specific to ongoing support, such as each party's ability to work, their financial resources, any duty to support other people, a standard of living reasonable in the circumstances, and whether either party is living with a new partner. Because the list is long and each factor's weight depends on the individual facts, this guide describes the factors a court must consider; it does not predict whether maintenance will be ordered in any particular case.

Time limits: the same deadline as property applications

Spousal maintenance applications are generally subject to the same limitation periods as property applications. Section 44(3) requires a married applicant to bring a maintenance application within 12 months of their divorce order taking effect. Section 44(5) gives a de facto applicant 2 years from the end of the relationship. Both deadlines can be extended only with the court's leave, on a hardship test similar to the one that applies to late property applications, under section 44(4) for a married applicant and section 44(6) for a de facto applicant. See de facto relationships in Australia for the fuller comparison between the married and de facto deadlines, which is one of the more consequential and commonly missed details in this area of the law.

Urgent maintenance

Where a party needs financial support before their full maintenance application can be heard and decided, section 77 allows the court to make an urgent spousal maintenance order. This is intended for genuine short-term need, such as immediate living or medical expenses, rather than as a way to fast-track the outcome of the full application. An urgent order does not determine the final maintenance entitlement; it simply bridges the gap until the substantive application, or an agreed resolution, is reached. The court can also modify a maintenance order later under section 83 if there has been a material change in circumstances since it was made.

De facto maintenance: section 90SF

De facto partners can apply for maintenance on largely the same basis as married spouses, under section 90SF, which mirrors sections 72 and 75(2). As with de facto property claims, a de facto maintenance application also needs to satisfy the section 90SB threshold, such as a relationship of at least 2 years, a child of the relationship, or substantial contributions causing serious injustice if no order is made, before the court has jurisdiction to consider it at all. The needs-and-capacity test, and the non-exhaustive list of factors the court weighs, are otherwise the same in substance as for married couples.

How maintenance relates to property and child support

Spousal maintenance addresses ongoing income support, distinct from property settlement, which divides existing assets and liabilities, and distinct from child support, which Services Australia assesses separately for the benefit of a child rather than a former spouse or partner. A person can have a property settlement without any maintenance order, a maintenance order without receiving any property, or both together, depending entirely on their individual circumstances against the section 72(1) threshold and section 75(2) factors. See property settlement in Australia and child support in Australia for those separate processes.

Lump sum, periodic and agreed maintenance

A maintenance order does not have to take the form of ongoing weekly or monthly payments. Section 80 gives the court general powers to shape how a maintenance order operates, and an order can instead direct a lump sum payment, or a transfer of property in substitution for periodic maintenance, where that better suits the parties' circumstances. Couples can also agree their own maintenance arrangement without a court order at all, either informally or as part of a binding financial agreement under sections 90B to 90D (married) or 90UB to 90UD (de facto); see binding financial agreements in Australia for the formal requirements such an agreement must meet to be enforceable. A maintenance obligation generally ends on the remarriage of the receiving party, or the death of either party, under section 82, unless the order specifically provides otherwise.

This page provides general legal information about spousal maintenance in Australia, verified 20 July 2026. It is not legal advice about your own entitlement or liability to pay maintenance. For advice, consult a legal practitioner admitted in the relevant Australian state or territory.

For the equivalent de facto rules and time limits, see de facto relationships in Australia. For dividing property, see property settlement in Australia. For formalising support arrangements, see binding financial agreements in Australia. For the full picture, return to the Australian family law hub.