Yes, under the Family Law Act 1975 (Cth), you may be entitled to spousal maintenance if you cannot adequately support yourself after separation, and your ex-partner has the financial capacity to assist. Spousal maintenance applies to both married and de facto couples, including same-sex couples.

When Can You Apply for Spousal Maintenance?

You can apply for spousal maintenance if you can demonstrate that:
✔️ You cannot meet your reasonable expenses due to factors such as age, health, childcare responsibilities, or limited work opportunities.
✔️ Your ex-partner has the financial means to contribute to your support.

Time Limits for Applying:

• Married couples – Must apply within 12 months after the divorce is final.
• De facto couples – Must apply within 2 years of separation.

If you miss the deadline, you need special permission from the court, which is not guaranteed.

When Does a Spousal Maintenance Order Cease?

Spousal maintenance does not last forever and may cease if:
❌ The recipient remarries or enters a new de facto relationship.
❌ The recipient’s financial situation improves (e.g., employment, inheritance).
❌ The paying party experiences financial hardship (e.g., job loss, bankruptcy).
❌ A court sets a specific timeframe for payments to stop.

💡 Spousal maintenance is often temporary, designed to help a financially weaker spouse become independent.

What Happens If the Other Side Cannot Afford to Pay?

If the paying partner does not have the financial ability to provide spousal maintenance, the court may:
🔹 Reduce the amount payable.
🔹 Reject the application if it is proven that the paying party’s income only meets their basic needs.
🔹 Review assets and financial records to ensure the claim of hardship is genuine.

💡 The paying partner must provide financial evidence proving they cannot afford maintenance.

Process for Applying for Spousal Maintenance

Step 1: Attempt to Negotiate

Before applying to court, try to reach an agreement through:
✔️ Direct negotiation with your ex-partner.
✔️ Family Dispute Resolution (mediation) – Required before going to court unless an exemption applies.
✔️ Consent Orders – If both parties agree, the court can formalise the arrangement.

File an Application with the Court

If no agreement is reached, you can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a spousal maintenance order. You will need to:
📑 Complete a financial statement outlining income, expenses, debts, and assets.
📜 Submit an affidavit explaining why you need financial support.
💰 Provide evidence of expenses, such as rent, bills, and medical costs.

Court Consideration

The court will assess:
✔️ The applicant’s financial needs and ability to earn.
✔️ The paying partner’s financial capacity.
✔️ The standard of living during the relationship.
✔️ Age, health, childcare duties, and other relevant factors.

Defences Against a Spousal Maintenance Claim

If an ex-partner wishes to challenge a spousal maintenance claim, they can argue that:
❌ The applicant can support themselves (e.g., has a job or sufficient assets).
❌ They cannot afford payments after covering their own necessary expenses.
❌ The applicant is deliberately unemployed or underemployed.
❌ The applicant has formed a new financial relationship (e.g., remarriage or de facto partnership).

💡 The respondent must provide financial documents to support their defence.

Key Takeaways

✔️ You may be entitled to spousal maintenance if you cannot support yourself after separation.
✔️ The other party must have the financial ability to pay for maintenance to be awarded.
✔️ Spousal maintenance is not automatic—the court assesses individual circumstances.
✔️ If the paying party cannot afford maintenance, they must provide evidence of financial hardship.
✔️ Court-ordered maintenance can end if circumstances change (e.g., remarriage, employment).