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.

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Financial support from an ex-partner

Work out whether spousal maintenance applies to you after separation.

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Spousal maintenance is money one ex-partner pays another to help with living costs after separation.

For de facto relationships, this is sometimes called de facto maintenance.

This information applies if you were married or in a de facto relationship. It applies to people of all genders and sexualities.

We understand that separation can be stressful. For support services and legal advice, go to Other support for relationships.

Spousal maintenance, or de facto maintenance, is money paid to an ex-partner.

It can help them with their living costs. It is not meant to cover the costs of caring for children.

Spousal maintenance can be:

  • regular payments
  • a one-off payment
  • payments for a set period.

When spousal maintenance can apply

Spousal maintenance can apply if:

  • you are separated or divorced
  • you are separated from a de facto partner
  • your marriage has been annulled.

Whether someone gets spousal maintenance depends on their circumstances.

The person asking for maintenance must show they cannot cover basic living costs, such as:

  • rent
  • bills
  • groceries
  • medication.

The amount of maintenance will be different for each situation.

If you agree on spousal maintenance

If you and your ex-partner agree, you can:

Spousal maintenance can be included in property settlements. Go to If you agree on dividing property for information about these options.

If you cannot agree on spousal maintenance

If you and your ex-partner cannot agree, you can:

Applying to court

If you cannot agree, you can ask the Federal Circuit and Family Court of Australia to make a spousal or de facto maintenance order. The order says how much maintenance must be paid and how often it must be paid.

Both you and your ex-partner must follow the order.

The court will consider both your circumstances. It will look at things such as:

  • age and health
  • income, property and financial resources
  • ability to work
  • standard of living
  • child caring responsibilities.

The court will also consider the effect of any family violence.

Get legal advice, if you can. A lawyer can explain your options and how the law applies to your situation.

To apply for a maintenance order, go to How do I apply for financial or property orders? on the court website.

Time limits for going to court

You must apply to the court:

  • 12 months after your annulment
  • 12 months after your divorce order is final
  • 2 years after your de facto relationship ends.

In special circumstances, the court can allow you to apply after the time limit. Get legal advice if the time limit has passed.

When spousal maintenance ends

Spousal maintenance ends if:

  • the person getting maintenance marries, unless a court order says otherwise
  • the person paying maintenance dies.

It may also end if the person getting maintenance changes their financial situation because:

  • they are in a new de facto relationship
  • their responsibility for caring for children changes significantly
  • their ability to earn income increases.

To end maintenance, you need to apply to the court to change your spousal maintenance orders. Go to Spousal maintenance on the court website for more information.

Explore our publications

Support from other organisations

  • Family Relationships Online provides information and help with relationship and separation issues, including money and property. Visit their website or call their advice line on 1800 050 321.
  • The Australian Government’s Moneysmart website has a checklist to help you work through your finances after separation. Go to, Divorce and separation financial checklist.
  • National Debt Helpline provides free advice and referrals to financial counsellors. Visit their website or call 1800 007 007.
  • WIRE provides information and support about relationships, money and housing for women, non-binary and gender-diverse people in Victoria. Their booklet Separation and property has information for separating couples on property division and financial abuse.
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