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Spousal Maintenance
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Spousal Maintenance

What is the difference between child support and spousal maintenance?

The key difference between child support and spousal maintenance is that child support is paid for the benefit of the child or children of the relationship.  Maintenance is paid for the support of the other party to the relationship.

Another important distinction, is that child support is calculated, and managed, by the Child Support Agency pursuant to a formula.  Spousal maintenance is determined at the discretion of the Court, having regard to a number of different factors.  For more information on child support, please see our section on child support and/or click here.

When will a party be liable to pay spousal maintenance?

A party to a marriage or de facto relationship is liable to pay maintenance to the other party:

• To the extent that they are reasonably able to do so; and

• If, and only if, the other party cannot support themselves adequately by reason of having children, physical or mental incapacity for gainful employment, or any other ‘adequate’ reason.

Whether a party is to pay maintenance to the other, quantum of that maintenance and how long it will be payable for, is a matter for the Court’s discretion.  That discretion is guided by a number of considerations including the age and state of health of the parties, their income, property and financial resources, whether they have care of children, the length of the relationship and its effect on earning capacity, and the standard of living that is reasonable.

How much maintenance will a party need to pay, and how is it calculated?

It is very difficult to identify how much maintenance a particular party will be ordered to pay another.  There is no set rule, and ultimately it is up to the Court’s discretion having regard to the matters mentioned above (among others).

That being said, generally, the maintenance payable would not typically be more than the lesser of:

• What the payer can reasonably afford – in other words, the extent to which their income earning capacity exceeds their reasonable living expenses; and

• What the payee reasonably needs – in other words, the extent to which their reasonable living expenses exceed their income earning capacity.