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Legal information
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Relationship breakdown
- Family dispute resolution
- Commonwealth family law
- Family law and the courts
- Separation and divorce
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Dividing your property
- If you disagree about how to divide property
- If you agree how to divide property
- Fair division of property
- Protecting your property
- Financial maintenance for partners
- De facto and same-sex relationships
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Financial maintenance for partners
Maintenance is when a partner has to maintain their ex-partner financially after a relationship ends. It is different to child maintenance. Generally, people only have to pay maintenance if they can afford it and their ex-partner can't support themselves.
You may be able to get maintenance if you are:
- separated or divorced from a spouse
- separated from a de facto partner after 1 March 2009.
If you’re in a de facto relationship, and you separated before 1 March 2009, your right to maintenance depends on when you separated. Get legal advice.
Payments may be made periodically (for example, monthly) or in a lump sum. It’s a good idea to negotiate maintenance at the same time as your property settlement so all financial issues are sorted out together.
If you can’t agree about maintenance
In most cases, the law says that you should try to resolve disputes before you go to court. If you can’t agree about partner maintenance, there are family dispute resolution services that can help you. See ‘Family dispute resolution’ (link below).
If you still cannot agree, you can apply to the court for a financial order. You will need to show that you need maintenance and your ex-partner is able to pay maintenance.
The court will make financial orders based on what is fair to both people. If an order for maintenance is made, each person listed in the order must follow it.
Time limits to apply
You must apply for a court order:
- within one year from the date your divorce was finalised
- within two years from the date your de facto relationship ended.
You can only apply to the court for maintenance after this time in special circumstances. Get legal advice.
When maintenance ends
The right to regular payments of maintenance ends if you get married again, unless there are special circumstances. It may also end if your:
- financial situation improves because you are in a new de facto relationship
- responsibility for caring for children changes significantly
- earning capacity improves.
To end maintenance, you need to apply to the court to vary (change) your maintenance orders. You can do this even if you have final orders.
Get legal advice
Get legal advice before agreeing to a financial order. Every case is different. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your situation.
More information
Related publications
You and family law: a short guide
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some family law matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.