Going through separation can be overwhelming, especially when financial uncertainty is involved. One of the most common questions we hear is whether a person is entitled to spousal maintenance after separation. Understanding your rights can help you make informed decisions and plan for the future.
What Is Spousal Maintenance After Separation?
Spousal maintenance after separation is financial support that one partner may be required to pay the other when they cannot adequately support themselves. It is not automatic; the Court considers the receiving partner’s need and the other party’s capacity to pay before making an order.
I was in a de facto relationship, am I eligible for Spousal Maintenance?
Yes, you may be eligible for spousal maintenance after a de facto relationship – not just marriage. Under Australian family law, de facto partners have similar rights and responsibilities as married couples when it comes to financial support after separation. To be eligible, you generally need to show:
- The relationship lasted at least two years,
- Or you have a child together,
- Or you made significant contributions (financial or non-financial) during the relationship.
You must also show that:
- You are unable to support yourself adequately due to factors like caring for children, age, health, or limited earning capacity; and
- Your former partner has the capacity to pay.
Spousal maintenance isn’t automatic, it’s based on your needs and the other party’s ability to provide support. It can be a crucial safety net, especially during the transition after separation.
If you’re unsure whether you qualify, we can help you assess your situation and protect your financial wellbeing.
If I get a job, will I still be eligible for spousal maintenance?
Possibly, but not necessarily. Spousal maintenance is based on need and capacity to pay. If you start earning income, the court will consider that when assessing whether you still require financial support, and how much.
However, getting a job doesn’t automatically end your entitlement. Many people continue to receive spousal maintenance while working, especially if their income is modest or they’re caring for children, have health issues, or are rebuilding financially after a long relationship.
The key question is: Can you support yourself adequately?
If not, and your former partner has the means, you may still be entitled to maintenance, even with a job.
We can help you understand how your changing circumstances might affect your entitlement and ensure you’re still treated fairly.
Do I have to inform Centrelink if I am receiving Spousal Maintenance?
Yes, you are legally required to inform Centrelink if you are receiving spousal maintenance. Spousal maintenance is considered income, and it can affect your Centrelink payments such as the Parenting Payment, Family Tax Benefit, or JobSeeker. Failing to report it can lead to overpayments, debts, or even penalties. Even if the amount is small or informal (not through the court), it must still be disclosed.
It’s always best to:
- Update Centrelink as soon as your circumstances change
- Keep records of payments or agreements
- Seek legal or financial advice if you’re unsure
We can help you understand your obligations and protect your entitlements while navigating separation or support arrangements.
Is spousal maintenance considered income for tax purposes?
No, spousal maintenance is not taxable income in Australia. If you receive spousal maintenance, you do not have to pay income tax on those payments, and you don’t need to include them in your tax return.
Similarly, the person paying spousal maintenance cannot claim it as a tax deduction.
However, spousal maintenance can impact other areas like Centrelink benefits, so it’s important to report it where required, even if it’s not taxable.
If you need help navigating support, tax, and benefits, we’re here to guide you through it all with clarity and confidence.
Spousal maintenance is designed to ensure fairness after separation, but eligibility and obligations vary depending on your personal circumstances. Whether you were in a marriage or a de facto relationship, have started work, or are concerned about Centrelink or tax, it’s important to understand both your rights and responsibilities. For more frequently asked questions about spousal maitenance, please click here.
If you’re considering applying for spousal maintenance or want clarity around your entitlements, speaking with an experienced family lawyer can help you move forward with confidence.
Read next: How are assets divided after Separation or Divorce?
Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.