Victorian legal guide

What is spousal maintenance in Victoria?

General information for people in Victoria · ORLA Connect

Spousal maintenance is financial support one partner may pay the other after separation, when one can’t adequately support themselves. It’s separate from child support and from the property settlement.

When it applies

Where one person can’t meet their reasonable needs and the other has the capacity to pay. It can apply to married couples and, in many cases, de facto couples.

How it’s worked out

A court looks at needs and capacity to pay — including income, age, health, and the care of any children.

It’s not automatic

Spousal maintenance isn’t guaranteed. It depends on the circumstances of both people.

Lump sum or periodic

It may be ongoing payments or a one-off amount, and it can be built into a property settlement.

How to get advice the easy way

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Is spousal maintenance the same as child support?
No. Child support is for children; spousal maintenance is support for a former partner.
How long does spousal maintenance last?
It varies - it can be short-term while someone gets back on their feet, or longer in some cases.
Do de facto couples get spousal maintenance?
In many cases yes, subject to eligibility. A lawyer can advise on your situation.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.