Spousal Maintenance in Australia

Abstract

This article revisits Australian spousal maintenance law in the light of recent empirical research, and policy rationales for spousal maintenance. The focus is on the Family Law Act (FLA) 1975 (Cth) provisions (applicable to married couples), and on recent case law developments. State legislation (applicable to domestic relationships) is also considered. A central theme is the gap in this area between legislative and judicial approaches to spousal maintenance, and the behaviours and attitudes of separating couples more generally. Thus, while Australia has detailed legislative provisions regarding spousal and ‘domestic partner’ maintenance and there are recent judicial statements suggesting t..