Navigating Spousal Maintenance in Western Australia: What You Need to Know

Spousal maintenance is a legal obligation requiring one party to support the other financially after separation if they cannot adequately support themselves. It ensures fairness following the breakdown of a relationship.

Consulting experienced family lawyers in WA is essential for personalised advice tailored to individual circumstances.

Understanding Spousal Maintenance Under Family Law WA

For married couples in WA, the governing law is the Family Law Act 1975 (Cth):

• Married couples: section 72
• Maintenance factors: section 75(2)

However, for de facto couples, Western Australia operates under its own legislation:

• Family Court Act 1997 (WA)
  • De facto maintenance provisions: subsections 205ZC–205ZG
  • Equivalent to s 90SF/90SE in other states

The same purposes apply:

• financial adjustment
• economic disadvantage
• rehabilitation
• clean break

Mitchell & Mitchell remains frequently cited nationwide, including in WA.

Eligibility for Spousal Maintenance in WA

The national two-part test applies for married couples, and the WA version mirrors it for de facto partners:

• Inability to support oneself
• Other party’s capacity to pay

Factors are assessed under:

• Married couples: s 75(2) FLA 1975
• De facto couples: s 205ZG Family Court Act 1997 (WA)

Spousal Maintenance vs Child Support in WA

Child support remains federal nationwide.

Spousal maintenance in WA, whether under federal or WA legislation, is assessed separately and cannot be “merged” with child support entitlements.

Calculating Spousal Maintenance in WA

WA courts apply the same factors as the rest of Australia:

• Financial needs and resources
• Standard of living
• Contributions

The reasoning in Badir & Badir [2022] FedFamC1A 109 is heavily persuasive for WA married couples and frequently considered for de facto matters.

Disputes and Challenges

WA cases commonly involve:

• disagreements about capacity
• disagreements about reasonable needs
• disputes involving farming, business, or mining incomes unique to WA

Most matters resolve through negotiation or FDR at the Family Court of Western Australia.

Conclusion

Spousal maintenance plays a critical role in protecting financially vulnerable individuals following separation. WA’s dual-legislation system makes early advice essential.

This article was prepared with the assistance of Zoey Hayes.