Spousal Support Secrets: How Alimony Really Works in Victoria

By Your Health Magazine

When a relationship ends, there’s often a focus on dividing property and deciding on parenting arrangements. But for many separating couples, there’s another key issue that can arise—spousal support, also known as alimony. In Victoria, this form of financial assistance may be available when one person needs help to support themselves after separation or divorce.

Spousal support is not automatically granted, and it isn’t based on fault. Instead, it’s about whether one party has a genuine need and the other has the capacity to pay. Understanding how it works can help you prepare for what to expect and avoid unnecessary stress.

If you think spousal support might apply in your situation, speaking with experienced family lawyers early on is a smart move. They can explain your rights and help you work towards a fair outcome.

What is Spousal Support?

Spousal support (or spousal maintenance) is a legal obligation for one person to financially assist their former spouse or de facto partner after separation. This support can be agreed upon privately or ordered by the court. It’s separate from child support, which is specifically for the care of children.

The goal of spousal support is to help the lower-earning or non-earning partner adjust to life after the relationship, especially if they’ve been financially dependent during the marriage. For example, a stay-at-home parent who gave up a career to raise children may find it hard to earn an income straight away after separating.

Who Can Apply for Spousal Support?

To be eligible for spousal support in Victoria, you must meet certain conditions:

You must have been married or in a de facto relationship (including same-sex relationships)
You must be unable to adequately support yourself after separation
The other party must have the capacity to pay

You can apply for spousal maintenance within 12 months of your divorce becoming final, or within two years of the breakdown of a de facto relationship. If you miss these time limits, you’ll need special permission from the court to apply.

Factors the Court Considers

The court doesn’t automatically grant spousal support—it looks closely at the circumstances of both people involved. Here are the main factors considered under the Family Law Act 1975:

Age and health of each party
Income, property, and financial resources
Ability to work or retrain
Whether the relationship affected career opportunities
Responsibilities for caring for children
The standard of living during the relationship
Any other relevant factors

The court aims to strike a balance—ensuring that a person in need gets support while making sure it’s reasonable and sustainable for the other person to pay.

How Long Does Spousal Support Last?

There’s no fixed rule about how long spousal support lasts. In some cases, it may only be for a short period to help someone get back on their feet. In other situations, especially where the person cannot work due to health issues or age, it may continue for longer.

Support is usually designed to be temporary—helping the lower-earning partner gain the skills, confidence, or qualifications needed to become self-sufficient.

Types of Spousal Support

Spousal maintenance can take different forms depending on what’s appropriate for your situation:

Regular payments: Paid weekly, fortnightly, or monthly, similar to a wage
Lump-sum payment: A one-off amount, often as part of a broader property settlement
Payment of expenses: Covering rent, utilities, or specific bills

The court can also make interim orders for short-term support while longer-term arrangements are being decided.

Can Spousal Support Be Changed or Stopped?

Yes. Spousal support arrangements can be reviewed if circumstances change. For example, if the person receiving support starts earning more, remarries, or enters a new de facto relationship, the payments may be reduced or stopped.

Similarly, if the person paying the support loses their job or faces financial hardship, they may ask the court to change the terms. It’s important to keep records and be open about any changes in your situation. Family lawyers can help you apply to vary or cancel a spousal maintenance order if needed.

Do You Always Need to Go to Court?

Not necessarily. Many people are able to sort out spousal support through private agreement, especially if they’re already negotiating property and parenting arrangements. If both parties agree, they can create a Binding Financial Agreement or ask the court to make Consent Orders.

These legal documents provide certainty and can help prevent disputes down the track. They also offer more flexibility than having a judge decide. It’s strongly recommended to have a family lawyer prepare or review any agreement before signing it, to make sure it’s fair and enforceable.

Tips for Handling Spousal Support Issues

Be honest about your finances: Full financial disclosure is required by law.
Keep records: Save copies of pay slips, bank statements, and any communication about support.
Stay focused on practical needs: Try to avoid making spousal support a battleground. It’s not about punishing the other person—it’s about helping one party transition after separation.
Get advice early: Whether you’re seeking support or may need to pay it, a family lawyer can help you understand your options and negotiate the best possible outcome.

Spousal support in Victoria is designed to help balance the financial impact of separation, especially where one person has relied on the other financially. It’s not automatic, but when there’s genuine need and ability to pay, the court can step in to provide support.

If you’re dealing with spousal maintenance—whether you think you may be entitled to it or may be asked to pay—it’s important to get clear, practical advice. Family lawyers are experienced in handling these matters and can guide you through the process with confidence and clarity.

Every relationship is different, and so is every separation. With the right support, you can navigate spousal support issues in a way that’s fair, respectful, and legally sound.