Family Law
Spousal Maintenance Lawyers
We help separating couples negotiate and formalise spousal maintenance arrangements to ensure financial support is fair, appropriate and legally enforceable.
Our family lawyers protect your financial future with fair spousal maintenance agreements.
When you separate, financial support between former partners can become a key issue. At Eliza Legal, we offer clear, practical advice on spousal maintenance - helping you understand your rights and responsibilities and ensuring any agreement is tailored to your circumstances.
We know that every situation is different. We take the time to understand your financial needs and provide guidance on whether spousal maintenance is appropriate. When it is, we draft and review legally sound agreements that protect your interests and support financial stability, often without the need for court proceedings.
How our family lawyers help with spousal maintenance matters
We understand that arranging financial support after separation can be complex and emotionally charged. Our experienced lawyers offer clear, practical advice to help you navigate your rights and responsibilities and ensure that any arrangement for spousal maintenance payments is fair, enforceable and tailored to your circumstances.
Our services for spousal maintenance include:
- Advising on eligibility, entitlement and obligations
- Calculating reasonable maintenance based on your financial situation
- Drafting and reviewing spousal maintenance agreements
- Including spousal maintenance in Binding Financial Agreements or consent orders
- Representing you in court if an agreement cannot be reached
- Assisting with the variation or enforcement of existing maintenance orders
- Coordinating with financial advisors to assess ongoing needs
Please get in touch with our team today for advice on negotiating, formalising or reviewing a spousal maintenance agreement.
Skilled legal support for spousal maintenance claims
Spousal maintenance can play an important role in helping separated partners maintain financial stability. At Eliza Legal, we assist individuals across Mount Eliza and the Mornington Peninsula with clear, practical advice and tailored agreements that ensure appropriate support and reduce the risk of future disputes. Whether you are navigating a spousal maintenance claim or need to pay spousal maintenance, our compassionate and knowledgeable family law team can assist.
Understanding spousal maintenance in Australia
Under the Family Law Act, spousal maintenance may be payable when one party is unable to adequately support themselves after separation. It is a separate entitlement from property division and child support, and reflects the principle of financial fairness between former partners.
When can spousal maintenance be claimed?
Spousal maintenance can be sought at the time of separation or divorce. You may be eligible if your former partner has the capacity to provide financial support and you are unable to meet your own reasonable living expenses in your current financial circumstances.
Common situations include:
- One party has significantly lower income or assets
- Caring responsibilities prevent full-time work
- Health issues or limited earning capacity
- A substantial difference in financial resources
Legal requirements for spousal support
If you are applying for or responding to a spousal maintenance claim, it’s important to seek legal advice. Spousal maintenance can be formalised in a Binding Financial Agreement or in consent orders approved by the court, unless an amicable, informal agreement can be reached. It may be granted on a temporary or permanent basis.
To be legally valid and enforceable:
- The agreement or court order must reflect accurate financial disclosure
- Both parties must understand their rights and obligations
- Any agreement must be made voluntarily and without pressure
Our team can guide you through the legal process, whether you're negotiating maintenance, formalising an agreement, or dealing with a dispute.
How we can assist:
Our firm provides a full range of family law services, including practical legal advice on spousal maintenance and related financial matters at every stage of separation, including:
- Assessing eligibility and obligations for spousal maintenance
- Negotiating fair support arrangements based on financial needs and capacity
- Including maintenance terms in Binding Financial Agreements or consent orders
- Representing clients in court where an agreement cannot be reached
- Seeking variation or enforcement of existing maintenance orders
- Advising on how spousal maintenance interacts with property settlements
- Identifying issues of non-disclosure, financial imbalance or unfairness
- Supporting clients experiencing financial pressure or coercion
- Coordinating with financial experts to assess long-term needs and affordability
Our team helps families in Mt Eliza, Mornington & Frankston
Expertise in Family Law
Skilled family lawyers with strong experience in financial support matters
Personalised Solutions
Spousal maintenance advice tailored to your unique circumstances and financial needs
Clear, Strategic Advice
Practical guidance focused on long-term stability and avoiding future conflict
Local Knowledge
Trusted local firm assisting clients across Mount Eliza and the Mornington Peninsula
Our Process
Step 1: Free 20-Minute Call
Speak with one of our family lawyers to discuss your circumstances and whether a spousal maintenance arrangement may apply.
Step 2: Fixed-Fee Initial Consultation ($440)
In a 90-minute session, we’ll review your financial position, explain your rights and responsibilities, and outline possible support options.
Step 3: Preparation & Review
You’ll complete a pre-consultation form to help us provide tailored advice and accurately prepare or review your spousal maintenance agreement.
Frequently Asked Questions
Have another question that hasn't been answered? Get in touch with our team and we'll help answer all your questions.
What is the criteria for spousal maintenance payments in Australia?
Under the Family Law Act 1975, spousal maintenance can be paid if a person seeking maintenance cannot support their own reasonable expenses due to physical or mental incapacity, caring responsibilities, or lack of income. The capacity to pay by the other party and the relevant factors are considered.
Can spousal maintenance be paid after a de facto relationship?
Yes. Spousal maintenance orders apply to de facto couples under Australian family law. Former de facto partners can seek spousal maintenance after a de facto relationship breaks, similar to married couples, subject to individual circumstances and property settlement negotiations.
What are the steps to making a spousal maintenance claim in Australia?
To seek spousal maintenance, the person usually starts with negotiations or mediation. If the issue is unresolved, they apply to the family court or federal circuit court. Experienced family lawyers or spousal maintenance specialists assist with legal procedures and determine spousal maintenance entitlements.
Can existing spousal maintenance agreements be changed?
Yes. Existing spousal maintenance agreements or court orders can be varied if circumstances significantly change, such as changes in capacity to pay or the financial security of the person receiving spousal maintenance. A family law specialist can assist you in navigating the legal process to seek variations.
How much is spousal maintenance in Australia?
The amount of spousal maintenance paid depends on the person seeking maintenance’s reasonable expenses and the other party’s capacity to pay. There is no fixed amount, and lump sum payments or ongoing support may be ordered based on individual circumstances and relevant factors.
Can you apply for spousal maintenance without lawyers involved?
Yes, it is possible to apply without lawyers, but spousal maintenance laws and legal procedures can be complex. Engaging spousal maintenance lawyers in Melbourne or accredited family law specialists is recommended to ensure fair outcomes and protect your rights in family law matters.
What is the test for spousal maintenance?
The test involves assessing if the person seeking maintenance can support their own reasonable expenses, considering physical or mental incapacity, caring responsibilities, or other reasons. The capacity to pay by the other party and all relevant factors under the Family Law Act 1975 are considered.
Does spousal maintenance affect child support payments?
Spousal maintenance and child support are separate financial obligations. Receiving spousal maintenance does not usually affect child support payments, as each is determined independently based on the needs of the person seeking maintenance and the children, considering family law and financial settlement principles.
Book your free 20-minute discovery call with a spousal maintenance lawyer
Let’s take the first step together. Book online via the button below and our spousal maintenance lawyers will be in touch to discuss your situation.
