Family Court says long term spousal maintenance orders can be made

Family Court says long term spousal maintenance orders can be made

When do periodic spousal maintenance orders end? Can a court make an open ended order, so that seemingly spousal maintenance can go on forever? On Tuesday the Full Court of the Family Court made a major pronouncement on the issue of long term spousal maintenance orders. The case is currently unreported and has not yet appeared on Austlii.

The husband had appealed to the Full Court of the Family Court from a Federal Magistrate’s decision to make an open ended spousal maintenance order, in circumstances where the wife was a university student. The husband was unsuccessful on appeal.

The Full Court held:

A court making a spousal maintenance order often has a choice between, on the
one hand, leaving the order to operate for an indefinite period, knowing that s.83
of the Act
provides for variation if circumstances so change that variation
is justified or, on the other hand, fixing a date of cessation, which often
involves a prediction, albeit on the balance of probabilities, about future
events. Even if the latter course is chosen, an application to vary by way of
removing or extending the date fixed for cessation, is possible. The major
difference between the choices is simply that in the first instance either party
may be as likely as the other to wish to apply for variation, whereas in the
second instance, only the payee is likely to want a variation and if so, must
seek it.

Disclosure: Harrington Family Lawyers acted for the wife.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Surrogacy in Cyprus: Understanding the North vs South Divide

Surrogacy in Cyprus sounds, at first glance, like it might offer a Mediterranean alternative for intended parents looking overseas. In reality, Cyprus is not one surrogacy destination but two very different legal and political environments sitting on the same island. That divide matters enormously. For Australians in particular, surrogacy in Cyprus raises serious practical, legal… Read More »Surrogacy in Cyprus: Understanding the North vs South Divide

Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

Surrogacy in Kyrgyzstan is suddenly attracting attention, particularly among intended parents looking for countries that appear more open than the usual destinations. On paper, the change is striking. In 2024, Kyrgyzstan introduced laws allowing surrogacy and, unlike some neighbouring former Soviet states, it appears to permit a much broader group of intended parents to access… Read More »Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

The End of International Surrogacy in Kenya? What Australians Need to Know

Surrogacy in Kenya has long sat in an uneasy space. It has been available, it has been used by some foreign intended parents, and yet it has operated in a legal environment that is largely unregulated. For Australians, that combination should always have rung alarm bells. The numbers alone tell part of the story. Very… Read More »The End of International Surrogacy in Kenya? What Australians Need to Know

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board