Yes, a same-sex partner can claim spousal maintenance under the Family Law Act 1975 (Cth). Since 2009, Australian law has given same-sex de facto couples the same rights as married couples in matters of financial support after separation.

Spousal maintenance is financial support paid by one partner to the other if they cannot support themselves financially after the breakdown of a relationship.

1. Legal Basis for Spousal Maintenance

Spousal maintenance applies to:
✅ Married same-sex couples – under Section 72 of the Family Law Act.
✅ De facto same-sex couples – under Section 90SF of the Family Law Act.

To qualify, the financially dependent partner must show that they are unable to support themselves and that the other partner has the capacity to pay.

2. What Are the Eligibility Criteria? (Legal Test)

To succeed in a claim, the applicant must prove:
✔️ They cannot adequately support themselves due to reasons such as age, health, or child-rearing responsibilities.
✔️ The other partner has the financial ability to provide support.

The court considers factors such as:

• Income and financial resources of both parties.
• Age and health of each partner.
• Ability to work and employment opportunities.
• Standard of living during the relationship.
• Child care responsibilities (if the applicant is the primary carer).

💡 Important: The applicant does not need to have been financially dependent during the relationship. The key question is whether they need financial assistance now and whether their ex-partner can afford to pay.

3. Steps to Apply for Spousal Maintenance

Step 1: Attempt to Negotiate

Before filing a court application, both partners should try to reach an agreement through:
✅ Negotiation – Directly discussing financial support.
✅ Mediation – Seeking help from a Family Dispute Resolution (FDR) practitioner.

Step 2: File an Application with the Court

If an agreement is not reached, the financially dependent partner can apply to the Federal Circuit and Family Court of Australia (FCFCOA). The application should include:
📌 A financial statement detailing income, expenses, assets, and liabilities.
📌 Evidence of why financial support is needed (e.g., medical reports, childcare responsibilities).
📌 Proof that the other partner has the capacity to pay (e.g., bank statements, payslips).

Step 3: Court Decision

The court will assess:

• Does the applicant genuinely need financial support?
• Can the paying partner afford to provide support?
• What amount and duration is reasonable?

If the court grants spousal maintenance, it may be a lump sum payment or periodic payments (e.g., monthly).

4. How Does the Court Assess If a Partner Can Afford to Pay?

The paying partner’s financial capacity is assessed based on:
💰 Income – Wages, investments, business profits.
📊 Expenses – Necessary living costs, debts, existing financial obligations.
🏠 Assets – Property, savings, superannuation.
📌 Financial commitments – Child support, new household expenses.

💡 Even if the paying partner has income, they may not be required to pay if they can’t afford it after meeting their own essential expenses.

5. Time Limits for Making a Claim

⏳ Married couples: Must apply within 12 months after the divorce is finalized.
⏳ De facto couples: Must apply within 2 years of separation.

If the deadline is missed, the applicant must seek special permission (leave) from the court, which is not guaranteed.

6. How Long Does Spousal Maintenance Last?

The court may grant short-term or long-term spousal maintenance, depending on:

• Whether the applicant can become financially independent in the future.
• Whether the applicant has a permanent inability to work.

💡 In most cases, spousal maintenance is not indefinite—it is intended to provide financial support until the applicant can support themselves.

7. Can Spousal Maintenance Be Changed or Stopped?

Yes. Spousal maintenance can be modified or terminated if:
✔️ The applicant's financial situation improves (e.g., they get a job, remarry, or inherit money).
✔️ The paying partner’s financial position worsens (e.g., they lose their job).
✔️ A court finds that circumstances have significantly changed.

8. Conclusion

Same-sex partners have equal rights under Australian family law to claim spousal maintenance if they cannot support themselves. The key test is whether:
✅ The applicant has a genuine financial need.
✅ The other partner has the capacity to pay.

The best approach is to try to negotiate a fair arrangement, but if that fails, an application can be made to the FCFCOA. Seeking legal advice is recommended to ensure a strong case.