"Alimony" is a word most Australians know from American television, not from anything in Australian law. The local version is called spousal maintenance, and it is one of the most misunderstood parts of separating. It is not automatic, it is not a fixed slice of anyone's pay, and it is separate from both the property split and child support.
This post explains what spousal maintenance is, who can ask for it, what a court looks at, how the 2025 family law changes brought family violence into the picture, and how the question is usually handled inside Family Dispute Resolution.
What is spousal maintenance?
Spousal maintenance is financial support that one former partner pays the other after separation, where that other person cannot yet meet their own reasonable living costs. The right sits in Section 72 of the Family Law Act 1975, and the power to order it sits in Section 74.
It is the closest thing Australia has to alimony, but the comparison only goes so far. In the United States, alimony rules vary widely from state to state, and some allow long-term or even lifelong support. Australia takes a narrower view: maintenance is needs based, never automatic, and usually meant to be temporary.
Who can ask for spousal maintenance?
Anyone who cannot support themselves adequately after separation can ask, but asking and receiving are different things. Section 72 sets a two-part test. First, you must be unable to support yourself adequately. Second, the other person must be reasonably able to pay.
The Act recognises three broad reasons someone may be unable to support themselves: having the care of a child of the relationship under 18, age or a physical or mental incapacity that limits appropriate work, or any other adequate reason. That last category is wide, and it is where most real cases sit.
Maintenance is not your share of property
This is the distinction that trips most people up. A property settlement divides what you already own between you. Spousal maintenance is a separate, forward-looking payment to cover a shortfall in one person's income. You can have one, the other, both, or neither.
There is an overlap here that matters. When a court divides property, it also looks at each person's current and future circumstances under Section 79(5). The same needs that justify maintenance, such as lower earning capacity, caring for young children, or ill health, can instead be met by adjusting the percentage of the property split. In many cases that adjustment does the work, and no separate maintenance is needed.
Does it apply to de facto couples?
Yes. De facto partners have the same access to maintenance as married couples. The right sits in Section 90SE of the Family Law Act 1975, and the factors a court weighs are in Section 90SF, which mirror the married provisions almost exactly.
There is one extra hurdle for de facto partners. Before a court can make any maintenance or property order, Section 90SB requires that the relationship lasted at least two years, or there is a child of the relationship, or one partner made substantial contributions and serious injustice would follow without an order, or the relationship was registered.
What does the court look at?
Once the two-part test is met, the amount and the length come down to the list of factors in Section 75(2) of the Family Law Act 1975. These cover each person's age and health, their income and earning capacity, the care of any children, and the standard of living that is reasonable in the circumstances.
There is no formula and no set percentage. Two couples with similar incomes can end up with very different outcomes, because the factors are weighed together rather than added up. The idea behind the whole exercise is the clean break principle in Section 81 (and Section 90ST for de facto couples), which pushes the court to settle financial ties cleanly rather than leave them running for years.
Family violence is now a factor
Since 10 June 2025, courts must take the effect of family violence into account when deciding spousal maintenance. The Family Law Amendment Act 2024 added Section 75(2)(aa), which directs the court to consider the effect of family violence, including economic and financial abuse, on the person asking for support.
This recognises something victim survivors have long understood: abuse can damage a person's earning capacity and financial independence well beyond the relationship itself. Controlling access to money, sabotaging work or study, or running up debts in someone's name can leave lasting financial harm, and that harm can now form part of the maintenance picture.
If you or someone you know is experiencing family violence, coercive control, or financial abuse, please visit our Get Help page for crisis support services and pathways to safety.
Spousal maintenance is not child support
These two get confused constantly, and they are completely different schemes. Child support is money for the day-to-day costs of raising children. It is worked out by a formula and administered by Services Australia under the Child Support (Assessment) Act 1989, not by the family law courts.
Spousal maintenance, by contrast, is support for an adult former partner under the Family Law Act 1975, based on need and capacity rather than a formula. The two can run at the same time. A parent caring for young children might receive child support for the children and, separately, spousal maintenance for themselves while they get back into work.
Time limits and types of order
There are strict deadlines to apply. For married couples, an application must be made within 12 months of the divorce becoming final. For de facto couples, the window is two years from the date of separation. These limits sit in Section 44 of the Family Law Act 1975, and going outside them needs the court's permission.
Maintenance also comes in different forms. Section 77 allows urgent maintenance where someone needs immediate help before the full financial picture is known. Beyond that, a court can order interim maintenance while a matter is being worked out, and final maintenance once it is resolved. Payments can be periodic, such as weekly or monthly, or made as a single lump sum.
When does spousal maintenance end?
Most maintenance is meant to be temporary. The usual approach is a limited, transitional order that gives someone time to find work, retrain, or get back on their feet, in keeping with the clean break principle. Long-term or open-ended maintenance is reserved for cases of lasting incapacity, illness, or full-time caregiving.
On top of whatever an order says, Section 82 of the Family Law Act 1975 sets two automatic cut-offs. Maintenance ends on the death of either party, and it ends if the person receiving it remarries, unless a court orders otherwise in special circumstances. Starting a new de facto relationship does not end it automatically, but it is taken into account when working out whether that person can now support themselves. If circumstances change, either party can apply to vary or end an order under Section 83.
How spousal maintenance works in mediation
Spousal maintenance is a financial matter, so it can be resolved by agreement in Family Dispute Resolution without going to court. In most matters, future needs are dealt with as part of the property settlement, by adjusting the share each person receives, rather than through a separate ongoing payment.
Where an ongoing payment does make sense, perhaps because the property pool is too small to cover the need, parties can agree on standalone maintenance and record it in Consent Orders or a Binding Financial Agreement.
The two routes are not the same if payments later stop. Maintenance in a court order, including Consent Orders, can be collected by Services Australia and enforced by the court. Maintenance in a Binding Financial Agreement has to be enforced as a private contract, which is slower and more expensive.
Because this is a financial matter and not a parenting one, it needs only the party-signed Genuine Steps Certificate if court orders are later sought, not a Section 60I certificate, which applies only to parenting applications.
In Family Dispute Resolution, the practitioner assigned to your matter helps each person test whether a proposed arrangement is realistic and workable for both households, including any children. Where there has been family violence, the matter is screened for whether mediation is safe and suitable, and a shuttle model, with the parties kept apart, can be used where it helps.
Common questions
Is alimony a thing in Australia?
No. Australia does not use the word alimony or the American model behind it. The equivalent here is spousal maintenance under the Family Law Act 1975, which is needs based, not automatic, and usually paid for a limited period rather than indefinitely.
How long does spousal maintenance last?
There is no fixed period. Most orders are short and transitional, lasting only as long as someone reasonably needs to become self-supporting. Longer or ongoing maintenance is uncommon and tends to be limited to cases of serious illness, disability, or long-term caring responsibilities.
Can you get maintenance and child support together?
Yes. They are separate things. Child support covers the costs of raising children and is handled by Services Australia. Spousal maintenance supports an adult former partner under the Family Law Act 1975. A person can receive both at the same time if they qualify for each.
Does remarriage stop spousal maintenance?
Generally yes. Under Section 82 of the Family Law Act 1975, spousal maintenance ends if the person receiving it remarries, unless a court orders otherwise in special circumstances. Starting a new de facto relationship does not end it automatically, but it is taken into account.
Can spousal maintenance be agreed in mediation?
Yes. As a financial matter, spousal maintenance can be resolved by agreement in Family Dispute Resolution and recorded in Consent Orders or a Binding Financial Agreement. It does not require a Section 60I certificate, which applies only to parenting matters, not financial ones.
What if my ex stops paying spousal maintenance?
If maintenance is set out in a court order, including Consent Orders, Services Australia can collect it from the payer and the court can enforce it. Maintenance in a private Binding Financial Agreement is harder to enforce, because it has to be pursued through the court as a contract.
This article is general information only and was correct to the best of our knowledge at the time of writing. It is not legal, tax, or financial advice and does not take account of your personal situation. The law changes, some measures mentioned may be proposals that are not yet in force, and fees and figures can change over time, so check anything that matters and get advice for your own circumstances from a family lawyer, an accredited Family Dispute Resolution Practitioner, or a qualified tax or financial professional before acting. If you or someone else is in immediate danger, call 000. For confidential support with family violence or concerns about a child's safety, contact 1800RESPECT on 1800 737 732.