How to Claim Spousal Maintenance under the Family Law Act in 2026

Spousal Maintenance can be the difference between staying afloat and sinking after separation. However, the Court does not hand it out lightly. You must meet a clear legal test, supported by evidence, and applied correctly under the Family Law Act 1975.

This guide explains what Spousal Maintenance is, the different types available, and how to claim it properly in the Federal Circuit and Family Court of Australia. If you want this done right, Best Family Law Solicitors matter, and Pannu Lawyers knows how the Court actually decides these cases.

What is Spousal Maintenance?

Spousal Maintenance is financial support paid by one spouse to the other after separation. It exists to assist a spouse who cannot adequately support themselves and where the other spouse has the capacity to pay.

The legal foundation sits in section 72 of the Family Law Act 1975. A spouse is only liable to maintain the other if two things are proven.

• The applicant cannot adequately support themselves.
• The respondent is reasonably able to provide that support.

Both elements must be satisfied. Need alone is not enough. Capacity alone is not enough. The Court requires both. Best Family Law Solicitors focus on evidence from day one. Pannu Lawyers builds Spousal Maintenance cases around facts, not sympathy.

The Legal Framework under the Family Law Act

Spousal Maintenance claims rely on several key provisions of the Act.

Section 72 establishes the threshold test of need and capacity. Section 74 gives the Court power to make Spousal Maintenance orders it considers proper. Section 75(2) lists mandatory factors the Court must consider, including income, earning capacity, property, health, age, care of children, and reasonable living expenses. Section 77 allows urgent maintenance orders when immediate financial assistance is required. Section 44 imposes strict time limits after divorce for commencing maintenance proceedings.

For de facto couples, equivalent provisions apply under Part VIIIAB of the Act.

This framework is technical. Best Family Law Solicitors understand how the Courts actually apply it. Pannu Lawyers applies it strategically to make sure that your application succeeds.

Types of Spousal Maintenance

Spousal Maintenance is not one single order. The Court deals with three main types: urgent, interim, and final. Each has a different purpose and practical test.

Urgent Spousal Maintenance

Urgent Spousal Maintenance exists for immediate financial crises. It applies when a party needs money now and the Court cannot determine the full case immediately.
Under section 77, the Court must be satisfied that:

• The applicant has an immediate need for financial assistance.
• It is not practicable to determine the final Spousal Maintenance outcome straight away.

Urgent maintenance applications succeed when there is real urgency, such as rent arrears, inability to buy food, medical expenses, or sudden loss of access to joint funds. The Court still examines capacity to pay. Urgency does not override reality.

Pannu Lawyers prepares urgent applications fast, focused, and supported by evidence. That is why clients trust Best Family Law Solicitors.

Interim Spousal Maintenance

Interim Spousal Maintenance applies while proceedings are ongoing but before final orders are made. Although the Act does not use the word “interim”, the Court makes these orders under section 74 using the section 72 threshold and section 75(2) factors.

At the interim stage, the Court asks:

• Can the applicant adequately support themselves right now?
• Does the respondent have current capacity to contribute?
• Is the amount sought reasonable in the circumstances?
  

The Court does not accept inflated budgets or unsupported expenses. Recent FCFCOA decisions show the Courts carefully scrutinising claimed living costs and rejecting figures that lack evidence or appear excessive. Best Family Law Solicitors know that interim maintenance cases are won on numbers, not emotion.

Final Spousal Maintenance

Final Spousal Maintenance is determined at a final hearing or by consent. At this stage, the Court conducts a detailed assessment of all section 75(2) factors.
The Court will:

• Decide whether the section 72 threshold is met.
• Assess income, assets, health, age, earning capacity, and care of children.
• Determine the structure and duration of maintenance, including periodic payments, lump sums, or time-limited orders.
  

Final maintenance often interacts with property settlement. The Court looks at the entire financial picture and aims to reach an outcome that is fair and practical. Long- term dependency is discouraged where independence is achievable. This is where experience matters. Best Family Law Solicitors understand how to position maintenance alongside property outcomes. Pannu Lawyers does not guess, we plan.

Time Limits Can Destroy a Claim

If you are divorced, you generally have only 12 months from the date the divorce becomes final to commence Spousal Maintenance proceedings. If you miss that deadline, you need the Court’s permission to proceed. While leave can be granted, it is never guaranteed. Delay weakens credibility and increases risk.

The message is simple. Do not wait. Pannu Lawyers ensures claims are filed on time. Best Family Law Solicitors protect your position early.

How to Make a Spousal Maintenance Claim

• A successful claim follows a clear process.
• Calculate income, expenses, and shortfall honestly and accurately.
• Identify the other party’s capacity to pay after reasonable expenses.
• Collect documentary evidence to support every figure.
• Attempt early resolution where possible.
• File proceedings in the Federal Circuit and Family Court of Australia if agreement cannot be reached.
• Prepare for close scrutiny by the Court.

The Court respects preparation. It punishes exaggeration. This is why clients choose Best Family Law Solicitors. This is why clients choose Pannu Lawyers.

Spousal Maintenance is not automatic. It is not generous. It is evidence-driven and strictly controlled by law. If you need urgent help, interim support, or a final maintenance outcome, speak to Best Family Law Solicitors who know the system.

Pannu Lawyers will assess your eligibility, build the evidence, and pursue the strongest outcome available under the Family Law Act.
If you want Spousal Maintenance application done properly, speak to Pannu Lawyers, trusted by clients as Best Family Law Solicitors who get results.