Whether you’re navigating separation or divorce, understanding spousal maintenance is crucial.
For many, questions arise about eligibility, payment obligations, and what it actually means in practical terms.
This article covers real-life examples of spousal maintenance in Australia, providing insight into how it’s assessed and applied.
Discover what spousal maintenance could mean for your unique situation—whether you may need to pay or receive support.
Types of Spousal Maintenance
In Australia, spousal maintenance can take several forms, depending on the specific needs of the recipient and the financial circumstances of the payer.
By understanding the types of maintenance that may be available, individuals can gain a clearer picture of what to expect, whether they’re applying for support or preparing to meet a maintenance obligation.
1. Interim or Urgent Maintenance
Interim, or urgent, maintenance is designed to provide immediate financial support in situations where the applicant faces pressing financial needs.
This type of maintenance is typically awarded in the early stages of separation, helping the lower-earning partner manage essential expenses until a more comprehensive financial arrangement is finalised.
Example: If a person suddenly loses housing or primary income due to separation, interim maintenance can help cover temporary living costs.
2. Short-Term or Rehabilitative Maintenance
Short-term or rehabilitative maintenance supports the recipient in becoming financially independent.
This type of support is often granted for a specific period, enabling the recipient to complete training, education, or other steps necessary to re-enter the workforce.
Courts consider rehabilitative maintenance especially relevant for those who took time out of the workforce for family responsibilities.
Example: A stay-at-home parent may receive short-term maintenance to help cover living costs while they complete a vocational course or search for suitable employment.
3. Long-Term Maintenance
Long-term maintenance is typically awarded in cases where the recipient has limited prospects for achieving financial independence.
This may be due to factors like age, health, or a prolonged period spent out of the workforce.
Courts will consider awarding ongoing maintenance in cases where it’s unlikely that the recipient can realistically become financially self-sufficient.
Example: An older partner with health limitations may be awarded long-term maintenance to ensure they have stable financial support, recognising that their earning capacity is restricted.
Each type of spousal maintenance serves a different purpose and is tailored to the unique circumstances of each case.
Whether the goal is to provide urgent relief, support during a transitional phase, or ongoing assistance, these options help ensure that financial support is aligned with the practical realities of each individual’s situation after separation.
Spousal Maintenance Examples in Australia
To provide a clearer understanding of how spousal maintenance is applied, here are detailed examples demonstrating the various factors and types of support likely considered by courts in Australia.
Example 1: Short-Term Maintenance Due to Health Issues
Scenario: In Garston & Yeo (No. 2) [2019] FamCAFC 139, Mr Yeo sought interim spousal maintenance of $2,500 per week from his former partner. He had no income, poor health, and around $115,000 in savings, which he claimed were set aside for litigation and medical costs.
He argued that he needed the full amount to cover living expenses, but the trial judge found many of the claimed costs (like car hire and higher-than-average discretionary spending) were excessive or unnecessary.
Outcome: The trial judge awarded a reduced amount of $1,000 per week, noting that Mr Yeo’s actual needs were lower than claimed. The court accepted that a person should not have to exhaust their savings before seeking support, but also stressed that only reasonable, necessary living costs will be considered. The appeal by Mr Garston was dismissed.
What this means for you: Courts may grant interim maintenance even if you have savings, but inflated or unnecessary expenses won’t be covered. Be realistic and transparent when outlining your needs.
Example 2: Long-Term Financial Support Despite Capital Retention
Scenario: In Bevan & Bevan (1995), the parties had separated after a long marriage. The wife had made significant non-financial contributions (such as raising children and managing the household) and was in a weaker financial position post-separation. Although she had received some funds from the property division, she retained part of the money to eventually buy a home.
The husband argued that she had enough assets to support herself and that spousal maintenance wasn’t necessary. However, the wife argued that those retained funds were set aside for housing and should not count as available income.
Outcome: The Family Court accepted that the wife’s retained capital for future home purchase should not be treated as available for meeting day-to-day living expenses. The court awarded ongoing spousal maintenance, noting the wife’s limited earning capacity, her ongoing need, and the husband’s ability to pay.
What this means for you: If you’ve received a lump sum but are holding part of it to secure housing, the court may still consider you in need of support. Spousal maintenance is based on your actual ability to meet living expenses, not just on your total asset pool, especially when capital is set aside for essential long-term needs like a home.
Example 3: Support for Skill Development to Re-Enter the Workforce
Scenario: In Dodt & Elei [2018], Ms Dodt applied for interim spousal maintenance from her former de facto partner. She hadn’t yet returned to work and was living with her parents, estimating personal expenses of $900 per week, plus an additional $550 for rent if she were to move out. She planned to return to a managerial role in the service industry, but needed funding for certification, a business wardrobe, and a reliable car to do so.
Mr Elei opposed the application, arguing that her claimed expenses were excessive and that she hadn’t acted quickly enough to secure work. He also pointed to his own financial commitments, despite owning a mortgage-free property that generated rental income.
Outcome: The court awarded interim maintenance of $1,350 per week, covering $800 for general living costs and $550 for future rent. It found Ms Dodt had genuine financial need and was unable to support herself at that time. While the court acknowledged some delays in her requalification process, it accepted that support was necessary to give her the opportunity to live independently and return to work in her field.
What this means for you: If you’re taking steps to return to work but need financial support to get there, interim spousal maintenance may be available. Courts will consider your plans, current limitations, and the other party’s capacity to assist.
Example 4: No Maintenance Due to Self-Sufficiency
Scenario: In Beeston & Quint [2023] FedCFamC1F 658, the wife applied for spousal maintenance, asserting that she required financial support to purchase a property in her preferred suburb. She contended that this purchase was necessary to maintain a reasonable standard of living post-separation.
However, the court found that the wife had access to substantial financial resources, including approximately $1.8 million in cash. The court determined that her desire to purchase a property in a specific suburb did not constitute a necessity for maintaining a reasonable standard of living.
Outcome: The court denied the spousal maintenance application, concluding that the wife’s significant liquid assets were sufficient to meet her reasonable needs. The court emphasised that personal preferences, such as choosing a particular suburb for property purchase, do not override the assessment of actual financial need.
What this means for you: When applying for spousal maintenance, it’s essential to demonstrate a genuine financial need that cannot be met through existing resources. Courts will assess the necessity of claimed expenses and whether the applicant lacks the means to support themselves adequately.
Example 5: Interim Maintenance for Immediate Financial Relief
Scenario: In Noble [2014] FCCA 421, the wife applied for interim spousal maintenance while awaiting the final property settlement. She worked part-time, earning $349 per week, and received additional income through social security and rent assistance, totalling $354 per week. Despite this, she claimed her weekly expenses amounted to $1,096.
The husband contended that he had only $11 per week available after covering his expenses, including child support payments. However, he controlled a trust with assets valued at approximately $1 million.
Outcome: The court determined that the husband’s control over the trust meant he had access to significant financial resources. It concluded that the imbalance in capital resources between the parties was a relevant consideration. Consequently, the court ordered the husband to pay the wife interim spousal maintenance of $200 per week, emphasising that trust capital could be utilised to meet maintenance obligations.
What this means for you: If your former partner controls substantial assets through a trust, the court may consider these resources when assessing their capacity to pay spousal maintenance. This case illustrates that trust capital is not beyond reach in family law matters, especially when there’s a significant disparity in financial resources between parties.
Why Obtaining Legal Advice for Spousal Maintenance Is Crucial
1. Time-Sensitive Applications
Spousal maintenance claims often come with strict deadlines. Acting quickly is vital to secure the support you’re entitled to, and our team ensures all applications are prepared and lodged promptly, so you’re not left vulnerable during this critical time.
2. Personalised Support for Your Unique Situation
No two cases are the same, and we take the time to understand your individual needs and circumstances. Whether you require urgent financial relief or long-term support, we’ll tailor a strategy that reflects your goals and strengthens your position.
3. Avoiding Costly Mistakes
Navigating spousal maintenance on your own can lead to errors that may impact your financial security. We protect you from these pitfalls by carefully managing every detail of your case, ensuring nothing is overlooked, and advocating for the best possible outcome.
4. Immediate Financial Relief When It Matters Most
If you’re facing financial stress after separation, interim maintenance may be available to provide immediate relief. We act swiftly to prepare your application and secure the support you need to manage essential expenses, giving you breathing space as we work on a comprehensive solution.
We understand that when you’re navigating a separation or relationship property matter, the financial strain can sometimes stand in the way of getting the legal support you need. That’s why we’ve partnered with JustFund, Australia’s only dedicated provider of flexible funding solutions for family law legal fees. Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or relationship property proceedings. You don’t have to repay the loan until you reach a settlement, which we hope reduces the stress associated with paying costs upfront
5. Confidence and Peace of Mind
Dealing with legal processes during a difficult time can be overwhelming, but you don’t have to face it alone. Our experienced lawyers take the pressure off by guiding you through every step with clear advice and proactive support. You can focus on what matters most while we work to protect your financial and personal interests.
Secure Your Future with Trusted Spousal Maintenance Advice
Spousal maintenance can feel overwhelming, especially with the many factors that affect eligibility and support amounts.
Elements like income disparity, health challenges, career sacrifices, and financial obligations all play a role, making each case unique.
Whether you’re seeking support or responding to a claim, clearly understanding your options is key to achieving a fair outcome.
At Arcuri Turnbull Law, we provide expert guidance tailored to your situation. Our experienced family lawyers are committed to protecting your financial and personal interests, ensuring you feel confident every step of the way.
We partner with JustFund, a family law finance provider.
This eases the financial burden of separation and empowers you to achieve a better outcome.
JustFund provide a flexible line of credit to individuals going through a separation to pay legal bills and disbursements.
We also value efficiency; our online portal allows you to get started anywhere at any time. Click here so we can tailor the family law information you need.
Otherwise, book your FREE consultation online or call us on (07) 5526 0499 today to discuss your spousal maintenance options and secure the best possible outcome for your future.
