610 Glenferrie Road, Hawthorn VIC 3122, Australia

Spousal Maintenance

"Spousal maintenance" means payments made by one partner to a former spouse or de facto partner to assist with their reasonable living expenses, if they cannot meet these expenses from their own income or assets.

Georgina Gregory

They can include regular payments of cash, or payments such as rent or mortgage repayments, gas, electricity and water costs, rates, telephone and internet expenses, credit card and personal loan repayments, and motor vehicle costs and insurances etc. In some circumstances spousal maintenance is paid in a lump sum as part of a property settlement.

Spousal Maintenance Payments

Spousal maintenance is financial support/payments made by one partner to a former partner to assist with their reasonable living expenses, if they cannot meet these expenses from their own income or assets. They can include regular payments of cash, or in-kind payments such as rent or mortgage repayments, gas, electricity and water costs, rates, telephone and internet expenses, credit card and personal loan repayments, and motor vehicle costs and insurances etc. In some circumstances spousal maintenance is paid in a lump sum as part of a property settlement.

Your rights and obligations for payment of spousal maintenance are in addition to your rights and obligations for payment of child support.


When are payments made?

Spousal maintenance is commonly paid prior to a final property settlement taking place where one party requires financial support. Clancy & Triado are able to expertly advise you on your spousal maintenance entitlements or obligations.


Are there limitations on time?

For married couples, applications for spousal maintenance must be made within 12 months of a final divorce order. For a de facto relationship, applications for de facto partner maintenance must be made within 2 yeras of separation.

We strongly recommend you obtain advice from an experienced lawyer before separation and before applying for a divorce.

Ready to Take Steps Towards Your Future? Call us on 03 9813 1111 or email your details.

Our Founder

In 1976, Patricia Clancy was building up her legal practice when Gough Whitlam's attorney-general Lionel Murphy changed the law.

It also changed her life.

Her firm Clancy and Triado went on to become one of the most prominent in the state handling divorce - notably for female clients - and custody cases.

Later, Clancy was awarded an Order of Australia for services to law, particularly family law.

The Whitlam period "was a very exciting time. Things a lot of people had objected to were so suddenly remedied at the stroke of a pen."

The legal changes fundamentally changed people's lives for the better, particularly women and children, she says.

"We will never go back to the appalling situation that existed before the act, whereby people were forced to stay in dreadful marriages".

Patricia Clancy AM, Founder
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We Tell Your Story

We listen to your story and advocate for your best interests. Our lawyers are committed to supporting you to achieve the best possible outcome in your family law settlement.

We view Court as the last resort, not a first resort.

We succeed in resolving approximately 95% of our cases before court proceedings are issued, saving our clients unnecessary stress, cost and time.

Your first meeting carries no obligation to proceed.