
Spousal Maintenance
Spousal Maintenance Lawyers Melbourne
Spousal maintenance is a legal entitlement available where one party is unable to adequately support themselves following separation and the other party has the capacity to pay. Whether you are applying for support or have been asked to pay it, the outcome depends on your specific financial position and the strength of your legal advice.
Is This the Right Service for You?
You may need spousal maintenance advice if:
You have separated and cannot adequately support yourself from your own income or assets
You left the workforce during the relationship to care for children and now face limited earning capacity
You are the higher-earning party and your former partner has made or is threatening a maintenance claim
You need urgent financial support while a property settlement is being finalised
You want to formalise maintenance arrangements by agreement rather than through court proceedings
Your existing maintenance order needs to be varied because your circumstances have changed significantly
You are approaching the time limit to make a maintenance application and have not yet sought advice
Our Spousal Maintenance Services
Eligibility advice: We assess your financial position and advise honestly on whether you have a realistic claim for spousal maintenance, or what your exposure is if a claim is made against you.
Interim maintenance applications: Where you need financial support urgently while proceedings are underway, we apply to the Federal Circuit and Family Court of Australia for interim orders to cover your immediate needs.
Negotiated maintenance agreements: We represent you in negotiating maintenance arrangements directly with the other party, and formalise agreed outcomes through consent orders or a binding financial agreement.
Contested maintenance proceedings: Where agreement cannot be reached, we prepare and file your application and represent you through the court process from first hearing to final orders.
Variation applications: Where a maintenance order is already in place and circumstances have changed materially, we advise on whether a variation application is warranted and act on your behalf.
Defence of maintenance claims: Where a claim has been made against you, we advise on your obligations, challenge claims that exceed your capacity to pay, and work to reach a fair and sustainable outcome.
What to Expect When You Work With Us
Step 1: Tell us your situation.
You speak with one of our lawyers about your income, your expenses, your care responsibilities, and your separation. We give you an honest assessment of whether a spousal maintenance claim is viable and what it is likely to involve.
Step 2: We identify the right approach.
Depending on your circumstances, the right approach may be an urgent interim application, a negotiated agreement, or contested proceedings. We explain the options, the likely timeframes, and the costs before you commit to anything.
Step 3: We act on your behalf.
We prepare your financial statement, gather the evidence needed to support or defend the claim, and represent you in negotiations or at court. We keep you informed at every step.
Step 4: You have a clear financial arrangement.
Once orders or an agreement are in place, both parties know their obligations. We advise you on what triggers a variation and what happens if the arrangement is not being complied with.
Why Choose Family Lawyer AU for Spousal Maintenance?
No Hidden Fees
You receive a written cost estimate before we begin any work. No hidden fees, no bill shock, and no ambiguity about what you are paying for.
Nationwide Services
We work with clients across every state and territory in Australia. Whether you are in Sydney, Brisbane, Perth, Adelaide, Melbourne, or anywhere in between, consultations are available by phone and video.
Personalised and Strategic Advice
Every maintenance matter turns on its own facts. Your income, your expenses, your health, your care responsibilities, and the other party's capacity to pay all matter. We give you advice built around your specific position, not a generic answer.
Costs and Timeframes
The cost of spousal maintenance advice depends on whether your matter resolves by agreement or requires court proceedings. Advising on eligibility and negotiating an agreed outcome is significantly less expensive than a contested hearing. We provide a written cost estimate before any work begins.
Urgent and interim maintenance applications can move quickly where immediate need is established. Final maintenance orders, if contested, depend on the court's listing availability and can take several months to resolve.
Time limits apply. If you are applying for maintenance after a divorce, you have 12 months from the date the divorce order takes effect. De facto couples have two years from the date of separation. Acting before those limits expire is essential.
Call 1300 717 173 or book online to discuss your circumstances and get a clear picture of your options.
Related Services
Child Support and Maintenance — Advice on child support assessments, agreements and enforcement.
Property and Financial Settlements — Dividing assets and liabilities after separation by agreement or through the courts.
Prenuptial and Other Financial Agreements — Addressing maintenance obligations in advance through a binding financial agreement.
Divorce — The formal legal process for ending a marriage under Australian law.
De Facto Relationships — Financial and maintenance rights for couples separating without having married.
Speak With a Spousal Maintenance Lawyer Today
Your financial position after separation deserves the right advice from the start. We are here to give you a clear picture of where you stand and what your options are.
We are based at Level 45, 600 Bourke Street, Melbourne. Consultations are available in person, by phone, and by video.
Call 1300 717 173 or book online. All enquiries are confidential.



Benjamin Magill
Solicitor


