AustraliaMy ex earned much more than me during our marriage. Am I entitled to spousal maintenance?
You may be entitled to spousal maintenance if you cannot meet your reasonable living expenses and your ex has the capacity to pay — but there is no automatic right based on income disparity alone.
What the Law Says
The Family Law Act sets out when a person may be ordered to pay spousal maintenance to a former spouse or de facto partner.
Spousal maintenance is not automatic — it depends on two main things: (1) whether you have a 'need' (i.e., you cannot support yourself adequately), and (2) whether your ex has the 'capacity to pay' (i.e., sufficient income or assets after meeting their own reasonable needs).
The law does not require the relationship to have been long, nor does it punish or reward behaviour during the relationship. It focuses only on current financial circumstances and practical ability to support oneself.
There are strict time limits: you must apply within 12 months of the end of a de facto relationship, or within 2 years of the date your divorce becomes final. Missing these deadlines means you generally cannot apply unless you get special permission from the court.
Statutory TextA party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support himself or herself adequately.
— Family Law Act 1975 (Cth), s. 72 — Duty of parties to support each other
Statutory TextIn determining whether a party is unable to support himself or herself adequately, the court must have regard to… the age and state of health of each party; any child under 18… and the necessary standard of living.
— Family Law Act 1975 (Cth), s. 75(2) — Matters to be taken into account
Statutory TextAn application for an order for maintenance… must be made within 12 months after the day on which the de facto relationship ended.
— Family Law Act 1975 (Cth), s. 44(5) — Time for making applications
What to Do
Check whether you’re within the time limit: 2 years after divorce (s. 44(3)) or 12 months after de facto separation (s. 44(5)).
Gather evidence of your current income, expenses, health, caring responsibilities, and employment capacity.
Gather evidence of your ex’s income, assets, debts, and living expenses.
Try family dispute resolution (FDR) first — it’s usually required before going to court.
If agreement isn’t possible, file an Initiating Application in the Federal Circuit and Family Court of Australia.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.