Handy Hints (36) – Spousal or de facto partner maintenance

22 April 2022


OSD Presents…Handy Hints (36)

Spousal maintenance or de facto partner maintenance is not automatic and there is no one size fits all calculation available.

A party is liable to maintain the other party to the extent that the first mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether by reason of having the care and control of a child who has not attained the age of 18 years, by reason of age or physical or mental incapacity for appropriate gainful employment, or for any other adequate reason having regard to any relevant matter referred to in subsection 75(2) of the Family Law Act.

If there is a dispute as to what a party’s capacity is or another party’s needs which cannot be resolved by dispute resolution, a Court can make an order for maintenance upon application of a party. Spousal and de facto partner maintenance should not be confused with child support or adult child maintenance which is dealt with under a separate regime.

We’re Here to Help

Family law matters can be difficult and complex. If you require any assistance with a family law dispute, always contact a legal practitioner who will be able to help.

O’Sullivan Davies has practitioners experienced in dealing with all family law issues. More information about our services can be found at our About Us page here.


This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

If you would like to republish this article, please contact us prior to doing so at info@osullivandavies.com.au.