For married couples and de-facto couples, there is provision for the Family Court of Western Australia to make orders requiring one party to pay spousal maintenance to the other party.

Spousal maintenance is where one person pays to help financially support their former partner because they are unable to adequately support themselves.

Spousal maintenance is not automatic and the Court takes into account the means of an applicant and the respondent’s capacity to pay.  The Court considers the age and health of the parties, the income, property and financial resources, the parties’ ability to work, standards of living and impact of the relationship on earning capacity.  The Court will also take into account who the children live with.