Maintenance Frequently Asked Questions

Q. What is maintenance?
A. Maintenance is a responsibility you might have to financially support your former partner after your separation or divorce; or it may be that your former partner has a responsibility to financially support you. Generally, you will have to pay maintenance if your former partner cannot support themselves and you can afford to.

Q. We were in a de facto relationship - can I get maintenance?
A. If you were in a de facto relationship, in accordance with NSW law, that ended before 1 March 2009 you do not have a right to maintenance. You should speak to a lawyer about how your future needs can be taken into account in a property division under NSW laws. If you separated after 1 March 2009 you may be entitled to maintenance if you meet the maintenance criteria.

Q. Is maintenance separate from a property division? 
A. Yes. Maintenance is separate from any monies you may receive or owe under a division of property between you and your former spouse or partner. It is a good idea to agree on maintenance at the same time as you agree on the division of property, or seek maintenance orders at the same time as you seek property division orders, so that all financial issues are sorted out at the same time. 

Q. Are there time limits? 
A. You can apply for maintenance at any time after you separate. However, you must apply within one year from the date your divorce was finalised or within two years from the date your de facto relationship ended.

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