What must you show to be eligible for spousal maintenance?

In some cases, one spouse may be entitled to spousal maintenance. To be eligible for spousal maintenance you need to show:

1. That you are unable to adequately support yourself eg. because of caring for children under 18 years of age;
2. That your spouse is reasonably able to pay maintenance.

If you were married and are now divorced you must apply for spousal maintenance within 12 months of your divorce order taking effect (if you are late you have to get permission from the Court to commence your case).

If you were in a de facto relationship, you must apply for spousal maintenance within two years of separation (if you are late you have to get permission from the Court to commence your case).