Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. 

 

If a party to a marriage is unable to maintain himself or herself adequately after separation by reason of: 

 

    * having the care and control of children under 18 years; 

    * old age or physical or mental incapacity; 

    * for any other adequate reason taking into account such matters as age, health, obligation to support any other person, and standard of living prior to separation, 

 

they may be entitled to receive spousal maintenance. The level of financial assistance depends on the applicant's needs and the payer's capacity to pay. 

Normally spousal maintenance claims are dealt with at the time of property settlement and are taken into consideration at the time when the other assets are divided. However, there is provision for a spousal maintenance application to be made on an urgent or final basis separately from a property settlement application. 

This obligation can continue even after separation and divorce.