Spousal Maintenance in Sydney
1000 + Reviews
Get the clarity and financial security you deserve after separation. Speak to an expert family law team today.
Spousal Maintenance in Sydney
1000 + Reviews
Get the clarity and financial security you deserve after separation. Speak to an expert family law team today.
Protect your financial wellbeing with an experienced spousal maintenance lawyer in Sydney.
Experienced Family Law Specialists
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
Client-Focused Divorce Solutions
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
5-Star Rated Service Across NSW
Our clients consistently leave five-star reviews for our personal approach, professional service, and positive results in complex family law cases.
Free Initial Family Law Consultation
Book a free consultation today. We’ll explain your rights, obligations, and next steps—no pressure, just clear advice tailored to your situation.
Experienced Family Law Specialists
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
Client-Focused Divorce Solutions
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
5-Star Rated Service Across NSW
Our clients consistently leave five-star reviews for our personal approach, professional service, and positive results in complex family law cases.
Free Initial Family Law Consultation
Book a free consultation today. We’ll explain your rights, obligations, and next steps—no pressure, just clear advice tailored to your situation.
Financial imbalance is one of the most common challenges following a separation or divorce — especially when one partner was financially dependent during the relationship.
At My Divorce Lawyers, we understand that navigating financial support after a relationship breakdown can feel overwhelming. Our Sydney-based family lawyers provide clear guidance on your rights and entitlements when it comes to spousal maintenance — ensuring your financial wellbeing is protected during and after separation.
What is Spousal Maintenance in Australia?
Spousal maintenance is financial support that one former partner may be legally required to provide to the other after separation. It applies when one person cannot meet their reasonable living expenses, and the other has the financial capacity to assist.
In Australia, this obligation is governed by the Family Law Act 1975, and it applies to both married and de facto couples, including same-sex relationships.
This type of support is separate from child support and is based on fairness, need, and ability to pay.
Key Points:
Spousal maintenance is financial support paid to a former partner who cannot support themselves adequately.
It applies to both married and de facto couples in Australia.
You don’t need to be divorced to apply — separation is sufficient.
There are strict time limits: 12 months after divorce or 2 years after de facto separation.
Payments can be ongoing, temporary, or lump sum.
Payments can be ongoing, temporary, or lump sum.
Legal Aid NSW – Spousal Maintenance
Who Can Apply for Spousal Maintenance in Sydney?
You may be eligible to apply for spousal maintenance if:
You are separated (married or de facto)
You cannot reasonably support yourself
Your former partner is financially capable of providing support
The Family Court will consider several factors:
Your income and expenses
Your age, health, and earning capacity
The length of your relationship
Whether you’re caring for children
The financial contributions made during the relationship
Spousal Maintenance vs Child Support
It’s important to understand that spousal maintenance is not the same as child support.
Spousal maintenance is paid to support an ex-partner.
Child support is for the benefit of your children and is handled separately by the government.
If you’re paying or receiving both, they are assessed independently of each other.
How Is Spousal Maintenance Assessed?
There’s no fixed formula. The Court or your lawyer will assess:
Your financial need
The other party’s capacity to pay
Income and expenses on both sides
Assets, debts, and liabilities
Contributions made throughout the relationship
Whether any children are involved
This is a case-by-case assessment focused on fairness.
Types of Spousal Maintenance
There are three main types of spousal maintenance:
Urgent Maintenance
Granted quickly when someone is in immediate financial hardship.
Interim Maintenance
Short-term support while other issues are being resolved.
Final Maintenance
Long-term support or a lump sum as part of a property settlement.
How to Apply for Spousal Maintenance
You can apply for spousal maintenance through:
The Federal Circuit and Family Court of Australia
Consent Orders, if both parties agree
A Binding Financial Agreement, negotiated with legal advice
We help clients in Sydney prepare complete applications with strong evidence, clear financial disclosures and realistic outcomes.
Time Limits
Spousal maintenance claims have strict time limits:
Married couples: must apply within 12 months of the divorce order
De facto couples: must apply within 2 years of separation
Missed the deadline? You may still be able to apply with court permission (leave), but it’s not guaranteed.
Do I Have to Go to Court?
No. Many spousal maintenance matters are resolved through:
Private negotiations
Lawyer-to-lawyer communication
Family dispute resolution
Consent Orders formalised through the court
We always aim for agreement first — but we’re fully prepared to represent you in court if needed.
How My Divorce Lawyers Can Help
We help both applicants and respondents across Sydney with:
Advice on whether you qualify or may be liable
Financial analysis and strategy
Drafting and filing court applications
Responding to unfair or excessive claims
Negotiating Consent Orders or BFAs
Coordinating maintenance with property settlements
Talk to a Family Law Expert Today
Welcoming and friendly on entering the suite. Offered coffee/ tea, which they got from a local cafe ( good coffee). All the team were professional, friendly and helpful…
Mark Adler
“Jameson Law made my divorce process smooth and stress-free. Their team guided me through every step with professionalism and care.”
Sarah B.
“I was struggling with child custody, but they fought for my rights and helped me get a fair parenting agreement. Highly recommend!”
Michael K.
“The lawyers were compassionate, knowledgeable, and always available when I needed them. I felt truly supported.”
Emily R.
Thank you, Jamesonlaw, for your outstanding service in assisting my husband with his court matters. Your clear communication and keeping us informed throughout the process made it easy for us to achieve the best possible outcome today…
Salome S.
I highly recommend Jameson Law. They indeed simply get it and made sure the matter was resolved successfully.
I’m super grateful for my lawyer, Zoey Osoly. She’s very well versed in handling complex family law matters…
Stephanie S.
FAQs
Frequently Asked Questions
Answers to common questions about the divorce process, legal rights, and next steps.
Yes — as long as you are separated, even under one roof.
Yes. If circumstances change, you or your ex-partner can apply to vary or cancel the order.
Yes — if you can reasonably support yourself, or if your former partner cannot afford to pay, your claim may be rejected.
It’s not mandatory, but strongly recommended. Legal guidance helps ensure your application is accurate, compliant, and strategic.
No. Only Consent Orders or BFAs make your agreement legally binding.
Client Testimonials
Proven Results. Trusted Support.
Divorce is a life-changing experience, and having the right legal team by your side makes all the difference. See how we’ve helped our clients navigate complex situations with confidence and achieve the best possible outcomes.
Welcoming and friendly on entering the suite. Offered coffee/ tea, which they got from a local cafe ( good coffee). All the team were professional, friendly and helpful…
Mark Adler
“Jameson Law made my divorce process smooth and stress-free. Their team guided me through every step with professionalism and care.”
Sarah B.
“I was struggling with child custody, but they fought for my rights and helped me get a fair parenting agreement. Highly recommend!”
Michael K.
“The lawyers were compassionate, knowledgeable, and always available when I needed them. I felt truly supported.”
Emily R.
Thank you, Jamesonlaw, for your outstanding service in assisting my husband with his court matters. Your clear communication and keeping us informed throughout the process made it easy for us to achieve the best possible outcome today…
Salome S.
I highly recommend Jameson Law. They indeed simply get it and made sure the matter was resolved successfully.
I’m super grateful for my lawyer, Zoey Osoly. She’s very well versed in handling complex family law matters…
Stephanie S.
Contact Us
Expert Legal Support When You Need It Most
Reach out to our team for professional guidance on your divorce and family law matters. We’re here to help you take the next step with confidence.
- L2 9 Philip St Parramatta NSW
- 1800826895
- info@jamesonlaw.com.au
