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ARTICLE · 30 JANUARY 2021

Spousal Maintenance – what is it?

Spousal maintenance is when one party to a relationship provides ongoing financial support to their former partner.

AustraliaFamily and Matrimonial

In the United States they call it alimony, the starting point of many a gripe or joke about divorce on American television. Here in Australia, it's known as spousal maintenance. Contrary to the popular TV view of alimony, spousal maintenance is not so simple or quite so imbalanced. So, what is spousal maintenance and are you eligible for it? Or are you required to pay it?

WHAT IS SPOUSAL MAINTENANCE?

Spousal maintenance is when one party to a relationship provides ongoing financial support to their former partner in circumstances where:

  1. One partner is unable to adequately meet their own reasonable needs; and
  2. The other partner has the capacity or is "reasonably able" to pay.

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