Spousal maintenance is the periodic maintenance payable by one spouse from their income to support the other spouse. Spousal maintenance can apply to both married and de-facto couples, and maintenance can be paid either weekly or monthly.

In determining whether spousal maintenance is payable the law requires a determination of two major factors:

• A need by the receiving party;
• The ability of the financially more advantaged party to pay, after looking after paying their own expenses.

Spousal maintenance is quite different to child support (which is the contribution by each party for the support of any children of the relationship).

Some other factors to be considered in determining whether spousal maintenance is payable and, if so, the extent to which it is payable are:

• The age and state of health of each of the parties;
• The income earning capacity of each of the parties;
• The financial resources of each of the parties;
• Whether one party has the care of a child/children who are not yet 18 years of age;
• The extent to which the payment of maintenance will enable a party to retrain; and
• A standard of living that is reasonable in all the circumstances