Updated October 2026
CM Law’s Ultimate 50 List | Separated Couples FAQ 12
Spousal support can be an important part of managing life after separation, particularly where one person has limited income or reduced earning capacity. In Australia, the usual legal term is spousal maintenance. A fair arrangement starts with an accurate understanding of both people’s needs and financial circumstances.
Fairness does not mean automatically equalising incomes or preserving the lifestyle enjoyed during the relationship. The practical task is to establish whether maintenance is payable, what support is reasonably needed and what the other person can afford. Reliable financial disclosure is essential to that assessment.
Understanding spousal maintenance in NSW
Under the Family Law Act 1975 (Cth), a spouse may have to maintain the other spouse where that person cannot adequately support themselves and the payer is reasonably able to assist. Relevant reasons include caring for a child under 18, age, incapacity for appropriate employment or another adequate reason. Earning less than your former partner does not, by itself, establish an entitlement.
The Federal Circuit and Family Court of Australia generally deals with maintenance applications in NSW. Either spouse can seek support. Maintenance may also be available following a de facto relationship, subject to eligibility and jurisdictional requirements. It is separate from child support and from dividing property, although the overall financial arrangements can affect the assessment.
What influences the amount and duration
Relevant considerations include age, health, income, assets, financial resources and capacity for appropriate work. Caring responsibilities and suitable housing for children also matter. The court considers the effect of the marriage on earning capacity, including time spent outside paid employment, and whether education or training could improve the applicant’s position.
The length of the marriage is relevant alongside its effect on earning capacity. There is no automatic rule that a longer marriage produces a larger award or that maintenance lasts three to five years. A reasonable standard of living must be assessed in the circumstances of both households.
The family law changes from June 2025 expressly include the economic effect of family violence as a maintenance consideration where relevant. For example, evidence about interference with employment or access to finances may help explain a person’s financial position. The assessment remains tied to the circumstances and evidence.
Periodic payments and lump sum maintenance
Maintenance may involve regular payments, a lump sum or, where appropriate, a transfer of property. Orders can address an interim need or provide support for a specified period or until further order. A lump sum should be considered carefully alongside the property settlement, available funds and the wording needed to identify the maintenance component.
Steps towards a fair support arrangement
1 Prepare a realistic budget
List your actual income and reasonable expenses, including housing, utilities, food, transport, insurance and medical costs. Use bills and bank statements to support the figures. Explain annual or irregular expenses and distinguish your own needs from costs already covered through child support or other payments.
The proposed payer should prepare the same information. A useful negotiation identifies the applicant’s genuine shortfall and the other person’s capacity to contribute. Inflated budgets, unexplained estimates and omitted income make it harder to reach a reliable agreement.
The Court’s duty of disclosure guidance requires full and frank disclosure of relevant direct and indirect financial circumstances. This extends beyond salary to interests and resources held through companies, trusts or other people. The duty begins before proceedings and continues as circumstances change.
Relevant documents may include personal and business tax returns, notices of assessment, payslips, bank and loan statements, company accounts and trust documents. Ask focused questions about unexplained transfers, distributions or expenses paid by a business. A tax return is a starting point; it does not necessarily reveal every available resource.
If reported income seems inconsistent with spending or asset ownership, identify the documents needed to test the explanation. Where overseas entities are involved, the relevant questions include who owns or controls them and what funds are actually available to the person. A forensic accountant may assist with complex records.
Your solicitor can request further disclosure and seek appropriate court orders if information is withheld. Keep requests relevant and proportionate. The aim is to establish the true financial position with evidence, including any beneficial ownership behind the name appearing on company records.
Where safe and suitable, negotiation or mediation can help resolve the amount, payment frequency, start date and duration. Consider realistic employment or retraining plans, health limitations and childcare arrangements. Avoid assuming that a person who has been out of the workforce can immediately return to their former salary.
An agreement can be recorded in consent orders or, where appropriate, a compliant financial agreement. Financial agreements have technical requirements, including independent legal advice for each party. Ask your solicitor how maintenance interacts with the proposed property settlement before signing or agreeing to give up a claim.
5 Address urgency and application deadlines
If you cannot meet immediate living expenses, obtain advice about interim or urgent maintenance rather than waiting for the final property settlement. Explain the immediate shortfall and provide supporting records. Urgent relief depends on the circumstances; financial pressure does not automatically establish that an order should be made.
You do not need to wait for divorce to seek maintenance. The usual application limits are 12 months after a divorce order takes effect and two years after a de facto relationship ends. The Court’s financial proceedings practice direction explains the limits and exceptions. Obtain advice promptly if a deadline is approaching or has passed.
6 Keep records and review significant changes
Retain payment records and obtain advice if income, health or caring responsibilities materially change. Maintenance orders can sometimes be varied or discharged under the Act. Do not assume a change automatically alters an existing obligation, and do not stop court-ordered payments without checking the order and obtaining advice.
Christine’s experience with understated income and overseas assets
I dealt with a maintenance matter involving someone with wealth of around $100 million who was declaring a much lower income. Assets were being hidden through an overseas shell company, with beneficial ownership obscured. The issue was identifying who really owned or benefited from those assets, beyond the names shown on the paperwork.
We requested tax returns and bank account records through disclosure. That helped us challenge the financial picture being presented and prevent someone with substantial wealth from avoiding support that represented only a fraction of their resources. The important work was testing the claimed income against the financial records.
A tax return can be where the other side’s financial story starts to unravel. I want to read it alongside the bank statements and ask whether the figures add up. My advice is simple: if the claimed income does not make sense, get the documents and ask the questions before agreeing on support.
A real case about resources beyond wages
In Hall v Hall (2016), a wife initially obtained interim maintenance of $10,833 per month. Later evidence concerned her late father’s wish that she receive $150,000 annually from a family business controlled by her brothers. Although payment was voluntary, the High Court majority accepted that the evidence supported a finding she would receive it if she asked.
Her appeal was dismissed, leaving the discharge of the interim maintenance order in place. The decision shows that financial resources can extend beyond wages and legally enforceable entitlements. However, the evidence must establish that a resource is reasonably available; a mere hope of help from relatives is insufficient. This case concerned the applicant’s resources, illustrating why both parties’ positions require scrutiny.
What reliable statistics tell us
An AIFS study published in 1999, based on a late-1997 survey of 650 divorced adults, analysed 644 responses about spousal support. About 7% reported paying or receiving periodic support since separation. This historical study included private arrangements, excluded Western Australia and used defined parent and older-marriage groups. It is not a current approval rate or a prediction of anyone’s entitlement. Individual evidence is more useful than an assumed national average.
Help with spousal maintenance in NSW
Whether you need support or have been asked to pay it, contact CM Lawyers to discuss your circumstances. Bring a current budget, financial records and any existing orders or agreements. A clear picture of both parties’ finances provides the foundation for a fair, workable arrangement.
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