When a marriage or de facto relationship ends, financial stress can follow. One partner might find themselves unable to maintain their standard of living without help, especially if they’ve been the primary carer of children or lack the financial resources to live independently. In these situations, spousal maintenance becomes vital, and a family lawyer can guide you through the legal process to ensure your rights are protected.
But what happens if your ex-partner refuses to pay the maintenance you’re entitled to under Queensland and Australian law?
This guide breaks down your options if your ex refuses to pay spousal maintenance, how the process works, and the steps you can take to secure your financial future.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What is Spousal Maintenance?
Spousal maintenance is a legal obligation requiring one partner to financially support the other after separation if they cannot adequately support themselves. Under the Family Law Act 1975, this applies to both married couples and de facto partners.
The court considers several factors when deciding whether maintenance should be paid, including:
Each person’s income, property, and financial resources
Their ability to work or care for children
Age and health
The standard of living during the relationship
Each party’s responsibilities for supporting others
If one person cannot meet their reasonable living expenses and the other has the financial capacity to assist, the court may order maintenance to be paid either periodically or as a lump sum.
What Can Be Included in a Spousal Maintenance Claim?
A claim for spousal maintenance may include:
Everyday living expenses such as rent, groceries, and utilities
Medical and health-related costs
Contributions toward mortgage payments or loans
Costs of caring for children or dependents
Other reasonable expenses necessary to maintain the standard of living enjoyed during the relationship
Applicants must provide accurate financial documents such as payslips, bank statements, and expense summaries. This evidence helps demonstrate their financial need and the other party’s capacity to pay.
Financial and Emotional Impact of Non-Payment
When an ex-partner refuses to pay spousal maintenance, the impact can be severe. Financially, it may become difficult to meet basic expenses, maintain housing, or provide stability for children. Emotionally, uncertainty about future payments and ongoing financial stress can lead to anxiety, frustration, and hardship.
The law recognises these challenges and provides several enforcement options to ensure fairness and accountability.
What to Do If Your Ex-Partner Refuses to Pay Spousal Maintenance
If your ex-partner stops paying spousal maintenance, there are clear steps you can take under Queensland and Australian law:
1. Seek Legal Advice
A family lawyer can assess your financial situation, explain your rights, and guide you through the process of applying for or enforcing spousal maintenance. Legal advice ensures all applications are properly prepared and lodged within time limits.
2. File an Application with the Court
If informal arrangements fail, you can apply to the Federal Circuit and Family Court of Australia for a spousal maintenance order. The court will consider both parties’ financial positions and determine whether support should be granted or varied.
3. Request an Enforcement Order
If your ex ignores an existing court order, you can apply for an enforcement order. The court can recover unpaid amounts through wage garnishment, seizure of assets, or other legal means.
4. Apply for Urgent or Interim Maintenance
If you need immediate financial help, the court may issue an urgent or interim maintenance order. This provides temporary support until a full hearing can take place.
5. Consider Property Settlement
In some cases, financial relief may also be achieved through property settlement negotiations, allowing a fair division of assets where ongoing maintenance alone isn’t sufficient.
Common Reasons for Non-Payment
Common reasons an ex-partner may stop paying spousal maintenance include:
Genuine financial hardship or loss of income
Disagreement about the amount ordered
Misunderstanding of legal obligations
Emotional conflict or control issues following separation
New financial commitments or dependents
Regardless of the reason, failing to comply with a court order is a serious legal matter.
Legal Consequences of Refusing to Pay Spousal Maintenance
Failure to comply with a court-ordered spousal maintenance obligation can lead to significant legal penalties, including:
Enforcement orders: allowing the court to recover unpaid amounts directly from income or assets.
Contempt of court: where ongoing refusal may result in fines or imprisonment.
Property seizure: sale of real property or other assets to meet the outstanding amount.
Interest on arrears: additional amounts added to the unpaid balance over time.
Restriction of licences or travel documents: in severe cases, enforcement measures may extend to personal restrictions.
Frequently Asked Questions (FAQs)
How long after separation can I apply for spousal maintenance?
You must apply within 12 months after a divorce becomes final or within two years after the end of a de facto relationship.
What if my ex-partner cannot afford to pay?
The court assesses each person’s financial capacity. If the payer genuinely cannot afford maintenance, the court may reduce, suspend, or cancel the order.
Does spousal maintenance end if I remarry?
Usually, yes. Remarrying generally ends entitlement to maintenance unless the court decides otherwise.
Can spousal maintenance be adjusted over time?
Yes. If financial circumstances change significantly, either party can apply to vary or end the order.
What’s the difference between spousal maintenance and child support?
Spousal maintenance supports a former partner, while child support is for children’s needs and is managed separately.
Can I enforce a spousal maintenance order myself?
You cannot enforce it independently. Enforcement must be sought through the court process, with or without legal representation.
Final Thoughts
When an ex-partner refuses to pay spousal maintenance, the stress can be overwhelming. However, Queensland law provides clear protections to ensure financial fairness after separation. Seeking prompt legal advice can help you understand your rights and take decisive steps to secure your future.
At VM Family Law, our experienced team assists clients across Queensland with spousal maintenance applications, enforcement, and related family law matters. Call 07 3447 8966 or visit www.vmfamilylaw.com.au to discuss your next step with confidence.
Official Information Sources
Federal Circuit and Family Court of Australia – “Spousal and De Facto Maintenance”: https://www.fcfcoa.gov.au/fl/fp/spousal-maintenance
Queensland Government – “Families and Legal Relationships”: https://www.qld.gov.au/families/legal
Family Relationships Online – “Separation and Support”: https://www.familyrelationships.gov.au/
Queensland Law Society – “Family Law and Legal Assistance Resources”: https://www.qls.com.au/
