Section 72 of the Family Law Act 1975 (Cth) addresses a married person’s obligation to maintain a spouse, so far as reasonably able, where the other spouse cannot support themselves adequately for the statutory reasons. Sections 74 and 75 govern the Court’s powers and relevant considerations. Parenting responsibilities, health, earning capacity, income, property and financial resources can matter. De facto maintenance has separate provisions and jurisdictional requirements.
In Hall v Hall [2016] HCA 23, the High Court considered whether potential voluntary support from a family business was a financial resource relevant to spousal maintenance. The analysis was not confined to presently enforceable rights. The decision does not mean every applicant with wealthy relatives can support themselves adequately. The evidence must establish the practical availability and significance of the particular support.
Provide records of earnings, bank balances, housing costs, health expenses and care responsibilities. Explain assistance already received from relatives, including regular payments from China, and whether it is likely to continue. The responding spouse should also document income, liabilities and reasonable commitments. A carefully supported budget is more useful than an estimate based solely on the marital standard of living.
Section 77 provides for urgent maintenance in qualifying circumstances. Interim assistance is different from final property division and may need its own application. Section 44 generally limits married parties’ maintenance applications after an Australian divorce takes effect, subject to leave and other qualifications. Obtain advice promptly about the applicable deadline. If support is agreed, record its amount, duration, review arrangements and legal form so both parties understand what has been resolved.
Author: Pei Ling Cao
Last updated: October 2026
Jurisdiction: South Australia, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.