Family Lawyers Sydney CBD

Clear Advice, Practical Outcomes.

Family law covers three things: the arrangements for your children, the division of your property and finances, and the legal end of the relationship itself. Whichever part of it you are facing, the first step is understanding where you actually stand.

From our Chifley Square office we give you clear advice, a realistic view of the likely outcome and a plan you can act on.

Clarity on your rights and realistic outcomes
Advice across parenting, property and divorce
A strategy built around your circumstances
Strong representation when it matters

Explaining spousal maintenance in Australia

According to the Family Law Act, an individual bears the responsibility of providing financial assistance to their spouse or former de facto partner when the recipient cannot use their own income or assets to cover their reasonable expenses.

In situations where there is a demonstrated need, both parties share an obligation to support and maintain one another to the best of their abilities. This duty persists even after separation or divorce, with the level of support being contingent on the financial capacity of the other party.

Our family lawyers in Sydney are highly experienced and accomplished in all areas of spousal support and Court representation. If you need spousal maintenance or your ex-partner is claiming maintenance from you, rely on our specialist knowledge and skills. We’ll work to minimise the stress, confusion and emotion to achieve the best outcome for you.

You can start applying for spousal maintenance any time after separation. However, there are time restrictions and deadlines by when an Application for Spousal Maintenance must be made (this is known as a limitations period). The limitation period is the same as for a property settlement application following the breakdown of a relationship.
- Couples who were in a married relationship must apply within 12 months from the date that their Divorce Order becomes final.
- Couples who were in a de facto relationship must apply for de facto maintenance within 24 months from the date of their separation.
If there is a dispute regarding the date of your separation or other complicating factors, obtaining legal advice early can be crucial to your case.
Typically, payment terms are fixed for a period of time. For example, until the party receiving maintenance is able to financially support themselves. However, in some less common cases, maintenance can be ordered to be paid on a more permanent basis.
Family Law spousal maintenance does not have to start and end in Court. On the contrary, our experienced family lawyers will encourage you to try and reach an agreement with your ex-partner away from the Court. In doing so, you will avoid costly legal fees, potential outcome delays, uncertainty of outcomes and, no doubt, prolonged trauma.
If your case does proceed to litigation, the Court will consider the following factors when considering an application for spousal maintenance:
- The age of parties involved
- Health status
- Income, earning capacity, financial resources, assets and resources
- The applicant’s needs and the respondent’s capacity to pay
- What is deemed a suitable standard of living for the dependent
- Who the children live with, should under-age dependents be involved
- Whether the relationship has affected either person’s ability to generate an income
- The terms of any binding financial agreement
- Pension eligibility
- Any creditor rights
- The duration and effect of the marriage or de facto relationship
- Whether any party is now cohabitating with another third party
Whatever your situation, call 1300ESPINO for the best legal advice
Spousal maintenance is not child support (child support is the term for ongoing payments made for under-age dependents). Instead, spousal maintenance money is provided to and for the ex-partner who is unable to financially support themselves following separation.
For Australian family law experts, call 1300ESPINO.

UNDERSTANDING FAMILY LAW

Family Law Covers Three Areas. Here Is How They Fit Together.

Most people arrive with one problem in mind and discover there are several. Family law separates into three areas, each with its own process and its own time limits.

Parenting matters

These decide where children live, how much time they spend with each parent, and who makes the long-term decisions about schooling, health and upbringing. The guiding principle is what is in the best interests of the child.

Property and financial matters

These decide how the asset pool is divided. That covers the family home, investments, superannuation, business interests, trusts and debts, along with any ongoing financial support between the parties.

Divorce and separation

This is the legal ending of the marriage itself. It is a separate application with its own requirements, including a period of separation before you can apply.

These three do not have to move together. Property and parenting can be resolved long before a divorce is finalised, and a divorce can be granted while financial matters remain open. Time limits apply to some parts and not others, which is the main reason to get advice early rather than late.

Arrangements for Your Children

01 Child Custody Disputes. Advice about where children live, the time they spend with each parent and important parental decisions.

02 Relocation and Child Abduction. Urgent advice where a child may be moved within Australia or taken overseas.

03 Parenting Plans. Practical written arrangements that address care, communication and decision-making.

04 Consent Orders. Legally binding parenting arrangements formalised through the Court by agreement.

05 Arrangements for Children. Advice about living arrangements, changeovers, holidays, communication and special occasions.

Who We Are

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Integrity, creativity, and empathy shape the way we work. These aren't just words—they’re the foundation of everything we build.
What began as a passion project has evolved into something more. We’re proud of where we’ve been and even more excited for what’s ahead. What sets us apart isn’t just our process—it’s the intention behind it. We take time to understand, explore, and create with purpose at every turn.

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FAQ

Still have questions? Take a look at the FAQ or reach out anytime. If you are feeling ready, go ahead and book your consultation.

Some matters are straightforward enough to resolve directly. Others involve superannuation splits, business valuations, disclosure disputes or urgent parenting risks, where an informal agreement can leave you exposed. An initial consultation will tell you which situation you are in.
Costs depend on the complexity and duration of the matter. We discuss the costs that will apply to your matter during the initial consultation and confirm them in writing before we begin.
No. Divorce and property settlement are separate processes. Property and financial matters can often be negotiated and formalised before a divorce is finalised.
A married person generally must apply within 12 months after a divorce order takes effect. A de facto party generally must apply within two years after separation. Legal advice should be obtained promptly about the time limit applying to your circumstances.
No. There is no automatic equal division. The outcome depends on the parties property interests, contributions, circumstances and what is just and equitable.
Superannuation may be considered in a property settlement and can be divided through appropriately documented agreements or Court orders.
Parties have duties of financial disclosure. We can advise about obtaining documents, identifying inconsistencies and taking procedural steps where disclosure is incomplete.
These matters often require detailed document review and may require valuation, accounting or taxation input.
The best interests of the child are the paramount consideration. Arrangements can be agreed between the parties, recorded in a parenting plan, or formalised through consent orders or Court orders.
An informal agreement may not provide finality or legal protection. We can advise about formalising it through consent orders or, where appropriate, a financial agreement.
Family law matters are heard in the Federal Circuit and Family Court of Australia.