Spousal Maintenance: Understanding Its Role in Marriage and De Facto Separations
Spousal maintenance may be granted in both marriages and de facto relationships to ensure one party supports the other under specific circumstances. A court can issue a consent order for spousal maintenance, but it will carefully evaluate certain criteria before doing so.

Criteria for Spousal Maintenance

Spousal maintenance is not automatic and is typically considered only when specific conditions are met, such as:

• Child Custody: When one party has custody of a child and requires financial support to meet the child’s needs.
• Incapacity: Mental or physical incapacity that prevents one spouse from earning a living or supporting themselves.
• Other Adequate Reasons: Circumstances that warrant financial support beyond the usual obligations, such as a significant financial disparity caused by the separation.

For couples in de facto relationships, additional considerations include:

• Duration of the Relationship: The relationship must have lasted at least two years to qualify for spousal maintenance.
• Involvement of a Child: If the couple has a child, this can influence the court's decision.
• Substantial Contribution: The court will assess whether one party made significant financial or non-financial contributions during the relationship.

Factors That May Disqualify Spousal Maintenance

Not all individuals are eligible for spousal support. For example:

• New Relationships: If the applicant enters into a new relationship where their partner can adequately support them, spousal maintenance may no longer apply.
• Financial Capacity of the Paying Party: The court will ensure that the ordered party has the financial means to provide support without undue hardship.

Application and Time Limits

To request a spousal maintenance order, applications must be filed within 12 months of a divorce decree or legal separation. The court will evaluate the financial status, living standards, and earning capacities of both parties to ensure the order is fair and feasible.

The Emotional and Financial Cost of Separation

Separation, whether from marriage or a de facto relationship, often involves significant financial and emotional challenges. Couples must navigate complex issues such as dividing assets, meeting financial obligations, and coping with the emotional toll of the breakup. Seeking legal advice early can help streamline the process and provide clarity on rights and responsibilities.