Close

Velocity Legal

Level 43, 80 Collins Street, North Tower, Melbourne VIC 3000

Level 10, 580 George Street, Sydney NSW 2000

Back

See all Services
Close search
Family
/
Spousal Maintenance

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
Book Consult
4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

Grant F

Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

Jack C

From the initial consultation to the final resolution, they provided exceptional
service and achieved an outstanding result for our case.

Wan Li

We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

Selina L

I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

Mark P

They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

Natalie F

Approachable, honest, professional and transparent. An absolute pleasure to work with.

Bob W

4.9
74 Google Reviews
Book Consult

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.

In Your Shoes

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.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. 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.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
Contact
Take the First Step Today

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.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)
Our Directors

Managing Director

Andrew Henshaw

Director

Demian Walton

Director

Greg Thomas

Director

Jennifer Maher

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Director

Shannon Hilton

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.

  1. We can assess the likelihood of them winning their case and advise you on your obligations and options.
  1. We will assess your ability to pay spousal maintenance and offer advice and solutions depending on your situation.
  1. We can help negotiate a payment plan with the other party and their legal team.
  1. 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?
+
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?
+
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?
+
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?
+
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?
+
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.

Take the First
Step Today

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.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)