Note that the law is changing on 6 May 2024. We will update this content closer to 6 May 2024.
If you are concerned about your own situation and whether these changes might affect you, please contact us.
Maintenance is when a partner has to help 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 get or have to pay maintenance if:
- you are separated or divorced from a spouse
- you are separated from a de facto partner (after 1 March 2009)
- your marriage has been annulled.
If you were in a de facto relationship and you separated before 1 March 2009, the 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.
If you still cannot agree, you can apply to the court for a financial order.
The court will make financial orders based on what is fair to both people. If a maintenance order is made, each person listed in the order must follow it.
Time limits
You must apply for a court order within:
- one year from the date of your annulment
- one year from the date your divorce order is final
- 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:
- the person getting maintenance gets married again, unless there are special circumstances
- the person paying maintenance dies.
It may also end if the person getting maintenance improves their financial situation because:
- they are in a new de facto relationship
- their responsibility for caring for children changes significantly
- their earning capacity increases.
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.
Other support
Find out how you can get other support for separation, divorce and marriage annulment.
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au
Reviewed 04 April 2024