There is no automatic right to maintenance. The applicant must show a need for maintenance and demonstrate the other party’s capacity to pay.

When assessing whether maintenance is appropriate and the amount the Court will consider should be paid a variety of factors relevant to the parties, including their:

• Age and state of health;
• Capacity for gainful employment;
• Income and financial resources;
• Care obligations for a child under 18 years of age or other dependant; and
• Standard of living. In this regard an applicant is entitled to a standard of living which is reasonable in all the circumstances.

In determining the appropriateness of a maintenance order the Court must disregard any entitlement of the applicant to any income tested pension, allowance or benefit.
If a need for maintenance has been established, the capacity of the other party to pay is considered.

Our Family lawyers, Andrew O'Bryan and Elizabeth Gray. are available to review your situation and provide clear, easy to follow advice and take action to advance your interests.

We are located in Melbourne, Dandenong and Pakenham.  


Melbourne Office
259 William Street 

T (03) 9200 2533 


Dandenong Office 
Shop 9/147-151 Foster Street 

T (03) 9769 2510 


Pakenham Office 
Shop 1, 15 John Street 

T (03) 5941 7990 


The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner. Contact us for more information.