Spousal Maintenance

Spousal maintenance involves financial support between former partners after separation where income and resources are not evenly balanced. Understanding how maintenance may apply can help reduce uncertainty and support informed financial planning.

We help:

Clarify whether spousal maintenance may be relevant to your circumstances
Understand how financial support arrangements may be assessed and discussed
Approach future financial planning with greater confidence

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We Understand What You Are Going Through

Separation often brings emotional and practical challenges. Alongside decisions about parenting and property, questions about ongoing financial support can add further pressure and uncertainty.

You may be unsure whether spousal maintenance applies in your situation, concerned about fairness, or unclear about how to approach discussions with your former partner. These matters affect day-to-day living and long-term planning, which can make them difficult to navigate.

We understand the sensitivity of spousal maintenance discussions. We help you work through your options in a calm and practical way, so you can gain clarity and move forward with confidence.

Our Services Include

Advising on whether spousal maintenance may be relevant to your circumstances
Explaining factors commonly considered in spousal maintenance discussions
Supporting preparation for financial discussions and negotiations
Advising on options for formalising spousal maintenance arrangements
Reviewing existing maintenance arrangements as circumstances change
Assisting with transitions in financial support over time

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

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Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

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Our Process

Book Meeting
Fill in contact form or call our office to book an initial consult. You can choose between in-person or video conference.
Get Advice 
You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
Achieve Outcomes 
Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.

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You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

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Andrew Henshaw

Managing Director

Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

We understand how important it is to carefully consider your position following the breakdown of a relationship. Our approach is personalised. We believe in tailored and regular communication with our clients regarding the progress of their matter and the implementation of effective strategies to enable our clients to move on with their lives.

What is Spousal Maintenance?

If your current or former spouse doesn’t have the means to support themselves financially, you may be legally required to pay an amount of money as ordered by the court. In Australia, an application must be made by your spouse to receive financial support; you won’t automatically be made to pay them anything. Once a case has been filed, the court will decide whether they are entitled to receive spousal maintenance based on a number of key factors, including: Read More

Whether the prospective recipient is obliged to look after dependents under 18.
Your age and health status and that of your current or former spouse.
Whether the applicant is in a position to undertake employment.
The availability of financial resources for each person involved.
Whether each person is entitled to receive a pension, allowances, or state benefits.
The length of the marriage.
Conditions of any property settlement.
How much child support is being paid?
The terms and conditions of any existing legally binding financial and prenuptial agreements.

This list is not exhaustive, and considerations will be up to the discretion of the court. If the recipient of spousal maintenance goes on to remarry, they will no longer be entitled to payments from you.

You will usually be required to make payments until your previous partner is able to stand on their own two feet financially. In some cases, payments may be paid until either you or your former partner dies.

How Would a Spousal Maintenance Lawyer Offer Support?

If your current or former spouse has applied for the payment of spousal maintenance, we can support you in a number of ways.

We can assess the likelihood of them winning their case and advise you on your obligations and options.

We will assess your ability to pay spousal maintenance and offer advice and solutions depending on your situation.

We can help negotiate a payment plan with the other party and their legal team.

We can help contest a current agreement if you believe that you’re being taken advantage of; the recipient isn’t fulfilling any obligations on their end.

What Rules Does the Applicant Need to Follow?

If you’re worried that the applicant will get the better end of the deal, there are some important obligations that they’ll be required to fulfil.

Whether you are looking to apply for spousal maintenance, or you’ve had a claim taken out against you, a spousal support lawyer at Velocity Legal will be able to assist you in navigating the legalities and help you come to an agreement. Book a FREE initial consultation to find out more. Read Less

Frequently Asked Questions

What is spousal maintenance?

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Spousal maintenance refers to financial support that one partner may provide to the other after separation where there is a demonstrated need and an inability to meet reasonable expenses independently.

When might spousal maintenance be relevant?

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Spousal maintenance may be relevant where one partner’s financial resources are insufficient to meet reasonable needs after separation and the other partner has the capacity to provide support. Whether it applies depends on individual circumstances.

Do both partners need to agree on spousal maintenance?

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Spousal maintenance arrangements can be reached by agreement, negotiation, or formal processes. The appropriate approach varies depending on whether the parties can reach a mutual understanding.

Can spousal maintenance arrangements change over time?

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Yes. Spousal maintenance arrangements may be reviewed where circumstances change, such as income, health, or care responsibilities.

When is it helpful to seek advice about spousal maintenance?

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Many people find that early clarity helps reduce uncertainty. Whether you are first considering spousal maintenance or reviewing an existing arrangement, understanding your options can support more confident decision making.