Spousal support and maintenance

Reaching an agreement on the division of property is always better than going to court. But before you make a final decision or divide your property, we recommend that you consult with one of our family lawyers to see if the agreement is fair for you.

Our family lawyers can also help you formalize your agreement by obtaining a "consent order" for you through the family court. This will make your agreement legally binding and protect both parties from further property claims. You and your partner do not need to attend court to obtain a Consent Order.

No, Australia operates a no-fault family law system. This means that when the Family Court makes a decision, it does not take into account why the relationship ended.

Inheritance is often viewed by courts as an additional contribution from the person receiving it. Whether someone else shares in your inheritance depends on many factors, including when the inheritance was received, how much the inheritance was, all other assets, and the future needs of both parties. When our family lawyer can analyze how your inheritance will be divided according to your situation.

No, you can finalize your property division any time after the breakup – you don't need to wait until you get divorced.

If you have not completed the property division when you divorce, you need to complete the property division within 12 months after the divorce.

Yes, but in Australia it is called "spousal maintenance" for married couples and "maintenance" for de facto couples

Spousal support is an ongoing periodic or lump sum payment made by one spouse to the other spouse for living expenses. It is separate from the cost of supporting children (ie child support).

Spousal support can only be paid by agreement or court order. To successfully apply for spousal support, the spouse must demonstrate:

they are unable to meet their reasonable living expenses given their current income and earning capacity (excluding any income-tested government benefits); and
Your spouse can reasonably be expected to provide financial support, taking into account your spouse's income and earning capacity, and taking into account your spouse's reasonable living expenses.

When a de facto relationship breaks down, a court can order one partner to pay maintenance to the other if:

1. The de facto relationship lasted 2 years or more; or
2. Have a child in a de facto relationship; or
3. One party made a significant contribution to the relationship, and injustice would occur if the court did not order the division of property; or
4. The de facto relationship is or was registered under the laws of a state or territory.

A person seeking alimony must also prove to the court that:

1. They are unable to meet their reasonable living expenses taking into account their current income and earning capacity (excluding any income-tested government benefits); and
2. The former de facto partner can reasonably be expected to provide financial support, taking into account the income and earning capacity of the former de facto partner, and considering the reasonable cost of living of the former de facto partner.