Family law
Spousal maintenance in Victoria.
Where one former partner cannot reasonably meet their own living costs and the other has the capacity to help, spousal maintenance can be paid. CMK Legal in Richmond can assist applicants and respondents across Melbourne with urgent, periodic and lump sum maintenance, and generally works to resolve it by agreement rather than through a contested hearing.
Advice from a lawyer
Budgets and capacity considered properly before anything is claimed or conceded.
Realistic timeframes
Urgent applications prepared quickly where there is an immediate shortfall.
Costs explained up front
Fixed fee for the initial advice stage, with fees explained after that.
Family Law Act & Victorian courts
Family Law Act 1975 sections 72, 75(2), 77, 90SF and 90SE.
What spousal maintenance is.
Spousal maintenance is financial support paid by one party to a former married or de facto partner after separation. It is separate from child support and separate from the property settlement, although in practice the three are usually negotiated together.
The test under sections 72 and 90SF of the Family Law Act 1975 has two limbs. The applicant must be unable to support themselves adequately, whether because they have the care of a child under 18, because of age or physical or mental incapacity, or for any other adequate reason. And the other party must be reasonably able to pay after meeting their own reasonable expenses.
The court works from a detailed budget for each party, so maintenance questions turn heavily on financial evidence: bank statements, payslips, tax returns, business records and a realistic weekly budget. Urgent maintenance under section 77 can be ordered before the full financial picture is available where a party has an immediate shortfall. Most maintenance questions are resolved as part of an overall negotiated settlement rather than by a separate court fight.
Time limits are strict. A married applicant generally must apply within twelve months of the divorce becoming final, and a de facto applicant within two years of separation. Maintenance also usually stops on remarriage, and may be reduced where the recipient begins a new de facto relationship.
How we approach a maintenance matter.
Build the budget properly
A weekly budget that stands up to scrutiny is the heart of a maintenance question. We help you put it together and match it to your bank statements rather than an estimate.
Understand the other side's capacity
Payslips, tax returns, trust distributions, company profits and drawings. Where income is run through an entity, capacity to pay is often very different from taxable income.
Move fast where there is a shortfall
Urgent maintenance can be ordered on an interim basis before full disclosure, which often stabilises things while the property settlement is negotiated.
Resolve it sensibly within the settlement
Maintenance is frequently dealt with as a lump sum or an adjustment in the property division, which usually avoids a separate court dispute and gives both parties finality.
Talk to us if.
- You cannot meet your living costs since separating
- You have the day to day care of children under 18 and reduced earning capacity
- You left the workforce during the relationship and are retraining
- Illness, injury or age limits what you can earn
- You have received a maintenance claim you think is overstated
- Your income is being assessed on a tax return that does not reflect reality
- You want to convert ongoing payments into a lump sum
- Circumstances have changed and an existing arrangement needs revisiting
Bring three months of bank statements, your last two tax returns and recent payslips. Most of the advice depends on those documents.
How a maintenance matter runs.
- 01
Assessment
We help prepare your budget, review income and expenses on both sides and advise whether the threshold is met.
- 02
Request and disclosure
A written request for support, with financial disclosure sought from the other party.
- 03
Negotiation
A proposal for periodic payments, a lump sum, or payment of specific expenses such as rent or school fees.
- 04
Interim application if needed
An urgent or interim application filed where the shortfall cannot wait for the final settlement.
- 05
Agreement or orders
Consent orders or a binding financial agreement recording the maintenance outcome and when it ends.
Transparent fees.
Initial advice and a view on your prospects are a fixed fee quoted up front. Negotiation and any interim or final application are explained in writing stage by stage. Where maintenance is being resolved as part of a property settlement, we quote the combined work so there is no duplication.
FAQs
Spousal maintenance FAQs.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
How is spousal maintenance different from child support?
How much is usually paid?
How long does it last?
Can it be paid as a lump sum?
Do de facto partners qualify?
What if the other party says they cannot afford it?
Can a maintenance arrangement be changed later?
Related services.
Property settlements
A fair division of assets, superannuation and debts, documented so it is final.
Learn moreChild support
Assessments, departures, binding agreements and enforcement through Services Australia.
Learn moreConsent orders
Your agreement formalised through the court so it is final and enforceable.
Learn moreFind out where you stand on maintenance.
Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.