When relationships end, financial arrangements often become one of the most complex and emotionally charged issues. In many countries, the term alimony is used to describe payments made by one former spouse to another to help them meet their reasonable needs after separation or divorce. In Australia, however, the legal term is spousal maintenance.
Although Australians rarely use the word “alimony” in everyday conversation, it is still a common search term. This guide explains the meaning of alimony in Australia, when spousal maintenance may be ordered, how it differs from child support, and the factors a court considers in deciding whether payments should be made.
What is Alimony?
Alimony, sometimes referred to as spousal support, is a payment made by one spouse to the other after separation or divorce. Its purpose is to ensure that a party who cannot adequately support themselves is provided with financial assistance by the other spouse, if that spouse has the capacity to pay.
In Australia, the Family Law Act 1975 (Cth) governs this area, and the correct legal term is spousal maintenance. Despite the different terminology, the underlying concept is similar to alimony in other jurisdictions such as the United States.
Spousal maintenance is not automatic. A person must show that:
They are unable to adequately support themselves, and
The other spouse has the financial capacity to provide support.
When Does Someone Have to Pay Spousal Maintenance?
The obligation to financially assist a former spouse does not necessarily end when a marriage or de facto relationship ends. Section 72 of the Family Law Act provides that a party may be liable to maintain the other if they cannot support themselves because of:
Having care of a child of the relationship under 18 years
Age or physical or mental incapacity that limits earning capacity
Any other adequate reason accepted by the court
For example, a stay-at-home parent who has been out of the workforce for many years may not be able to earn enough income immediately after separation. If the other spouse has sufficient financial resources, the court may order them to pay spousal maintenance until the dependent spouse can become self-supporting.
What is the Difference Between Child Support and Spousal Maintenance?
It is important not to confuse child support with spousal maintenance (alimony).
Child support is money paid by one parent to the other to meet the financial needs of their children. In Australia, child support is usually assessed and administered by the Department of Human Services (Child Support Agency).
Spousal maintenance is money paid by one spouse to the other to help with their personal living expenses, separate from the children’s needs.
Sometimes, both child support and spousal maintenance are payable. For example, a higher-earning spouse may be required to contribute to the care of the children and also to help their former partner meet their own reasonable expenses.
What Does the Court Consider When Deciding Spousal Maintenance?
When deciding whether to make a spousal maintenance order, the court applies a two-step test:
Does the applicant have a need?
The court examines whether the spouse seeking maintenance can adequately support themselves. This involves looking at their income, expenses, earning capacity, health, age, and responsibilities for caring for children.
Does the other party have capacity to pay?
Even if one spouse has a need, the court will only make an order if the other has sufficient financial resources to contribute. The paying spouse’s income, assets, financial commitments, and overall circumstances will be considered.
Other factors under section 75(2) of the Family Law Act that the court must consider include:
The age and health of both parties
The income, property, and financial resources of each party
Their capacity for employment
The care and financial responsibility for children
The standard of living that is reasonable in the circumstances
The duration of the relationship and how it has affected each spouse’s earning capacity
Contributions made to the relationship, including homemaking and parenting contributions
Each case is unique. Courts aim to achieve fairness, balancing the needs of one party with the capacity of the other to pay.
How Long Does Spousal Support Last in Australia?
Spousal maintenance is not intended to provide lifelong support in most cases. Orders are usually made for a limited period, giving the receiving spouse time to re-establish themselves financially.
The duration of payments depends on the circumstances. For example:
In some cases, urgent spousal maintenance may be ordered on an interim basis while the court considers a longer-term arrangement.
How Much is Spousal Maintenance?
There is no set formula for calculating spousal maintenance in Australia. The amount will depend on:
The reasonable weekly expenses of the spouse seeking support
The extent of their income shortfall
The financial capacity of the other spouse to contribute after meeting their own reasonable expenses
Courts look closely at each party’s financial circumstances, often requiring detailed affidavits and supporting documents like bank statements, payslips, and budgets.
How Does Alimony Work in Practice?
Spousal maintenance can be paid in different ways:
Periodic payments (e.g. weekly, fortnightly, or monthly payments)
Lump sum payments (e.g. a one-off transfer of money or assets)
Payment of specific expenses (e.g. rent, mortgage, or utility bills)
Many cases are resolved by agreement between the parties, either privately or through consent orders, without a contested court hearing.
If no agreement is reached, an application can be made to the Federal Circuit and Family Court of Australia, which will decide based on the factors outlined above.
How to Get Out of Paying Spousal Maintenance
Spousal maintenance is only payable if the court is satisfied that both need and capacity exist. Common reasons why a court may refuse or end spousal maintenance include:
The receiving spouse becomes self-sufficient (e.g. gains employment or remarries)
The paying spouse no longer has the financial capacity due to changes in income or circumstances
The court determines that the applicant’s needs are not reasonable or adequately demonstrated
If circumstances change significantly after an order is made, either party can apply to have the order varied or discharged.
Key Takeaways
Alimony meaning in Australia: In Australian law, “alimony” is known as spousal maintenance.
Not automatic: A person must demonstrate need, and the other must have capacity to pay.
Different from child support: Child support relates to children’s expenses, while spousal maintenance covers a spouse’s personal needs.
Case by case: The amount, method, and duration depend on the individual circumstances of both parties.
Flexible: Payments can be periodic, lump sum, or cover specific expenses.
Final Thoughts
Understanding spousal maintenance in Australia can be challenging, especially in the emotional aftermath of a separation. Whether you are seeking support or may be asked to provide it, knowing your rights and obligations is crucial.
If you are dealing with questions about alimony in Australia, child support, or financial arrangements after separation, it is important to obtain tailored advice from an experienced family law solicitor.
How Thornton + King Can Help
At Thornton + King, our award-winning family law team can guide you through every step of the process. We provide clear advice on your rights and obligations, whether you are seeking spousal maintenance, responding to a claim, or negotiating a financial settlement. To speak to a Family Law Accredited Specialist, give us a call or submit an enquiry now.
