Parties to a marriage or de facto relationship are generally expected to be self-supporting following separation.
However, in some circumstances spousal maintenance may be payable where one spouse is unable to meet his or her own needs and the other spouse has the capacity to assist. For example, a high income earner may have to pay spousal support to a former spouse who is unable to work because of a physical disability or where the former spouse is responsible for caring for young children.
As from 1st March, 2009 parties to a de facto relationship who separate after that date have similar rights to those parties to a marriage.
Applications for spousal maintenance must be brought within one year after obtaining a divorce.
