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Velocity Legal

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

Level 10, 580 George Street, Sydney NSW 2000

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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
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4.9
85 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
85 Google Reviews
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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.

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.
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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?

Spousal maintenance is financial support that one party may be required to pay their current or former spouse or de facto partner if they cannot adequately support themselves after separation or divorce, and the other party has the financial capacity to provide support.

An application for spousal maintenance may be made in the Federal Circuit and Family Court of Australia. Orders are not automatic simply because a relationship has ended. If you are divorced, an application for spousal maintenance generally must be filed within 12 months of the divorce order taking effect, unless the Court grants leave. For de facto relationships, different time limits apply, and an application generally must be made within two years of separation unless the Court grants leave.

Once a case has been filed, the court will decide whether the applicant is entitled to receive spousal maintenance based on a number of key factors, including:

  • whether a person cannot meet their reasonable expenses from their own income or assets
  • whether the other party has the financial capacity to pay without undue hardship
  • the applicant’s age, health, and earning capacity
  • the length of the relationship and the effect of any property settlement
  • whether either party cares for children under 18 or has caregiving responsibilities
  • each party’s income, assets, resources and liabilities
  • whether either party is eligible for a pension, allowance or benefit
  • the terms of any binding financial agreement that deals with maintenance
  • the standard of living enjoyed during the relationship

This list is not exhaustive. The Court will determine the application based on the circumstances of the case. If the recipient remarries, their entitlement to spousal maintenance will generally cease unless the Court orders otherwise.

Spousal maintenance is often temporary and may continue until the recipient can adequately support themselves. In some circumstances, maintenance may continue for an extended period, including until the death of either party, depending on the terms of the court order, although maintenance orders may cease in circumstances such as death, remarriage or further order of the Court.

How Can a Spousal Maintenance Lawyer Offer Support?

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

  1. We can assess the strengths and weaknesses of the application and advise you on your obligations, risks and available options.
  2. We can assess your financial position, including income, assets, liabilities and expenses, to determine your capacity to pay and provide advice based on your circumstances.
  3. We can assist in negotiating interim or final spousal maintenance arrangements, including consent orders where appropriate.
  4. We can advise on whether a current spousal maintenance order or agreement may be varied, discharged or otherwise addressed if there has been a significant change in circumstances

What Rules Does the Applicant Need to Follow?

An applicant for spousal maintenance must meet certain requirements under the Family Law Act. The applicant must demonstrate that they are unable to adequately support themselves and that the other party has the financial capacity to provide support. They must also provide full and frank financial disclosure to the court.

Whether you are looking to apply for spousal maintenance or responding to an application, a spousal support lawyer at Velocity Legal can assist you in negotiating an agreement or respond to court proceedings where required. 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.

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