Spousal support and maintenance

Commonly asked questions about spousal support and maintenance

You must make an application within 12 months of a divorce being finalised, or within two years of the breakdown of a de facto relationship.

You can file for spousal maintenance as long as you and your former partner separated after 1st March 2009.

If you remarry, you are generally not entitled to receive spousal maintenance. If you enter into a new de facto relationship, the court will consider whether your ability to support yourself adequately has changed.

Before you can file for spousal maintenance orders, you and your former partner will be required to participate in dispute resolution, such as mediation, with the aim of coming to an agreement without the need to involve the court. If you come to an agreement, you can file for consent orders to make the agreement legally binding.

If you are unable to reach an agreement, you can then apply to the court for spousal maintenance orders.

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