Spousal Maintenance

Separation often brings financial uncertainties, especially for those who have been financially dependent on their partner. At Sapphire Legal, we’re here to help you understand your options when it comes to spousal maintenance, providing compassionate support tailored to your situation. Our family lawyers are dedicated to helping you achieve a fair and reasonable outcome, ensuring you feel supported every step of the way.

How Sapphire Legal Supports You Through the Spousal Maintenance Process

We understand that spousal maintenance can be a sensitive and challenging issue. Our team is here to provide clear, practical advice, whether you’re applying for maintenance or responding to a claim. We’re committed to helping you achieve a fair outcome that reflects your unique circumstances.

Personalised Guidance

Every situation is different. Our team takes the time to understand your needs and provide tailored advice that aligns with your goals.

Transparent Process

We’ll walk you through each step of the process, ensuring you know what to expect and feel empowered to make informed decisions.

Ongoing Support

Whether you’re navigating a claim for the first time or need help with an appeal, we’re here to provide consistent, reliable support.

Understanding Spousal Maintenance in Family Law

The obligation on spouses to support each other financially is governed by the Family Law Act 1975. It is gender neutral, that is, it applies to both spouses however in reality it is usually the woman who requires spousal maintenance for economic and social reasons.

At Sapphire Legal, we work with you to explore your options and help you determine if spousal maintenance is applicable in your case.

Qualifying for Spousal Maintenance

To qualify for spousal maintenance, the applicant must demonstrate a need for financial support and that their former partner has the capacity to pay. Sapphire Legal can help you evaluate whether you meet these criteria and gather the evidence needed to support your claim.

Common reasons for needing maintenance include:

If the person applying for spousal maintenance is receiving an income-tested pension or parenting payment, this will not be taken into account.

Applying for Spousal Maintenance

You can apply for spousal maintenance as soon as separation occurs, but applications must be made within specific timeframes:

Divorce Applications

Must be made within 12 months of the divorce becoming final.

De Facto Couples

Must apply within 2 years of the relationship ending or within 12 months if a Binding Financial Agreement (BFA) is set aside.

If you’re outside these timeframes, you may still apply with special permission from the court. Our team can assist you in making a timely application, ensuring all necessary documentation is properly prepared.

Spousal Maintenance for De Facto Relationships

De facto relationships are also eligible for spousal maintenance under specific conditions. To qualify, the couple must have been together for at least two years, have a child together, or have made substantial contributions that would cause serious injustice if maintenance were not granted. The court also requires that:

Sapphire Legal will guide you through these specific requirements to help you determine eligibility and navigate the application process.

Contact Us Today for Spousal Maintenance Assistance

If you’re considering applying for spousal maintenance or need guidance on how to respond to a claim, Sapphire Legal is here to help. Our family lawyers help individuals throughout Hornsby, the Upper North Shore and surrounding suburbs. Reach out to us for a confidential consultation and take the first step toward resolving your financial concerns.