Am I Entitled to Spousal Maintenance?
By Ward Keller | August 2026
Author | Partner, Michelle Jeffrey
Spousal maintenance is financial support provided by one spouse to the other after separation. The Family Law Act 1975 outlines several factors that the court considers when determining whether spousal maintenance should be awarded and, if so, the amount and
duration. These factors include:
Income, Property, and Financial Resources
The court examines the income, property, and financial resources of both parties. This includes any assets and liabilities each party has.
Earning Capacity
The court considers the ability of each party to earn an income, including their age, qualifications, and experience. This also includes consideration of any impairment to earning capacity due to the marriage, such as gaps in employment for childcare.
Standard of Living
The standard of living that was enjoyed during the marriage is taken into account, as the court aims to ensure that both parties can maintain a reasonable standard of living post-separation.
Age and Health
The age and physical and mental health of each party are considered, as these can impact the ability to work and earn an income.
Care and Support of Children
The primary caregiver of any children from the marriage may have reduced earning capacity, which the court considers. This includes the financial needs of the children and any additional costs incurred by the caregiver.
Duration of the Marriage and Contributions
The length of the marriage and the contributions each party made (both financial and nonfinancial, such as homemaking and childrearing) are important factors.
Commitments
The financial commitments and responsibilities each party has to support themselves and any other dependents are taken into account.
Ability to Maintain Themselves
Whether the applicant spouse can support themselves adequately is considered. This includes the feasibility of the applicant obtaining appropriate employment or undergoing training or education to increase their earning capacity.
Eligibility for Government Assistance
The court considers whether either party is eligible for any government assistance or benefits, as this impacts their financial situation.
Other Relevant Factors
The court may also consider any other factors it deems relevant, including the conduct of the parties in exceptional circumstances.
These factors aim to ensure a fair and just outcome, balancing the financial needs and capacities of both parties.
If you require family law advice, please contact Ward Keller on (08) 8946 2999 or wardkeller@wardkeller.com.au
