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Family Law

Spousal maintenance lawyers in Ipswich and Brisbane

If you can't meet your reasonable expenses after separation and your former partner has the means to help, the law may require them to. Whether you're seeking maintenance or being asked to pay it, we'll explain how it's assessed and what a fair arrangement looks like.

Who can claim spousal maintenance

Two questions decide it. Can you support yourself? Can they reasonably contribute?
Spousal maintenance is financial support from a former spouse or de facto partner. The Family Law Act puts it simply: a person is liable to maintain the other to the extent they're reasonably able to, if the other person can't support themselves adequately.

The court looks at why: care of a child under 18, age or health, or an inability to earn enough. It then weighs the factors the Act sets out, including each person's income, property and financial resources, earning capacity, commitments, the standard of living during the relationship and the care of children. Maintenance is separate from child support, which is assessed by Services Australia.

How it's worked out and how long it lasts

There's no formula. There is a time limit.
Unlike child support, spousal maintenance isn't calculated by a set formula. It's an amount the court considers reasonable for one person to pay and the other to receive, on the evidence of need and capacity. It can be periodic, a lump sum, or built into the property settlement, and it can be interim, while the wider matter is sorted, or longer term.

Orders can be varied or ended when circumstances change, and maintenance usually ends if the recipient remarries. The deadline matters: an application must be made within 12 months of a divorce becoming final, or two years from a de facto separation, unless the court gives permission to apply late.

Looking for a different family law service?

Family law rarely arrives one issue at a time. Property, parenting, agreements and protection often overlap, so the pages below cover the rest of what we do. If you're not sure where your situation fits, call 0483 980 001 and we'll point you the right way.

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Every Stanford Legal matter is guided by the professional bodies that set the standard for practice in Queensland, so you always know you're in trusted hands.
Why Stanford Legal

Fair to the person paying, and to the person who needs it

Spousal maintenance is about balance rather than blame. We'll give you a clear view of what the law would likely do, negotiate an arrangement that reflects it, and make sure it's documented so neither of you has to revisit the question.
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TESTIMONIALS

Trusted by families across South East Queensland

People across Ipswich, Springfield and Brisbane, on both sides of a maintenance question, have trusted us to keep it fair and keep it moving.
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"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."
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QUESTIONS

Frequently asked questions

Can't find the answer you're after?
Am I eligible for spousal maintenance?
Possibly, if you can't meet your own reasonable expenses from your income and assets and your former partner has the capacity to help. The court considers the age and health of both of you, your incomes, earning capacity and financial resources, the standard of living during the relationship, and whether one of you has care of a child under 18. Eligibility is a question of need and capacity, not fault.
How is spousal maintenance calculated?
There's no formula. The court decides what's reasonable for one person to pay and the other to receive, based on the evidence of the recipient's reasonable needs and the payer's capacity after meeting their own reasonable expenses. In negotiation we work from the same factors, so the figure reflects what a court would likely do.
Can I apply for spousal maintenance after divorce?
Yes, but within 12 months of the divorce order becoming final. For de facto couples the limit is two years from separation. After that you need the court's permission, which is only granted in limited circumstances. If a deadline is close, contact us straight away.
Does spousal maintenance affect the property settlement?
They're assessed separately but considered together. The property settlement is decided first, and the court then asks whether, after that division, one person still can't support themselves adequately. A larger property share can reduce or remove the need for maintenance, and maintenance can be paid as a lump sum within the settlement. We deal with both at once so the outcome is coherent.
Is spousal maintenance the same as child support?
No. Child support is for the children, is assessed by Services Australia using a formula, and doesn't depend on the parents' relationship status. Spousal maintenance is for a former partner, has no formula, and depends on need and capacity. One person can receive both.

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