How Long Does Spousal Maintenance Last After Divorce?

How does the court decide how long?

The Law Reform (Marriage and Divorce) Act 1976 lets the court order maintenance and set how long it lasts. A key question is whether, and when, the recipient can support themselves.

There is no formula. The court looks at things like the length of the marriage, the recipient’s age and health, their earning capacity, and how long they need to retrain or find work. A longer marriage often supports a longer period.

When does maintenance end automatically?

• Death. Under Section 81, an ordinary (unsecured) order ends when either spouse dies. If payment is secured on property, it ends when the recipient dies.
• Remarriage or cohabitation. Under Section 82, the right to maintenance under a court order ends when the recipient remarries or lives in adultery with another person.

For a court order, including a consent order, these rules apply by law. For a private agreement, maintenance also ends on remarriage or cohabitation unless the agreement says otherwise.

Can the court set a fixed term?

Yes. The court can order maintenance for a set period, sometimes called rehabilitative maintenance. It supports the recipient while they retrain, finish studies or find work, with the aim that they will support themselves by the end.

Fixed terms are common when the recipient is younger and can realistically earn their own income.

Can maintenance be varied or extended?

Under Section 83, either spouse can ask the court to vary or cancel an order if there has been a material change in circumstances. Examples:

• losing a job;
• serious illness;
• a big rise or fall in income;
• changes in the children’s needs.

Wanting to pay less or receive more is not enough. There must be a real change that makes the original order unfair. Read more about variation.

What should you plan for?

If you receive maintenance, use the time to build your earning power and savings. If you pay, know your obligations and keep records of every payment.

If your situation changes, act quickly. Delay can let arrears build up, or leave maintenance at the wrong level.

Looking to engage a divorce lawyer? If you are unsure when your maintenance will end or whether it can be changed, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.