What to do when your spouse does not give you any money during the relationship or marriage? 

What do you do when your former spouse is living the life of luxury after separation and you are struggling to make ends meet?

Under the Family Law Act, you may be entitled to spousal maintenance if your former spouse has the capacity to pay and you have a need. The Federal Circuit Court or the Family Court can make an order that your former spouse pays you each week a set amount by way of spousal maintenance.

In Australia, spousal maintenance is not widely used. However, with the times changing where it is difficult to maintain the same lifestyle, it is important that you understand that you are entitled to apply for spousal maintenance.

If your former spouse is earning substantial amounts of money but paying the mortgage, paying child support and there is very little disposable income, there is no point in then applying to the Court for spousal maintenance.

You have to be able to show that the other party has the capacity to pay and that you have a need. Once those two are met, the Court will make an order.



If you need advice about spousal maintenance, contact Vizzone Ruggero Twigg Lawyers on 9667 1271 and our Accredited Family Law Specialists will make an Application to the Court.​