What are the spousal support laws in Western Australia?

Navigating the complexities of spousal support laws can be a challenging and emotionally fraught experience. In the realm of family law, understanding one’s rights and obligations related to spousal support is pivotal. Davies & Co Lawyers, situated on Stirling Highway, Nedlands, Perth, Western Australia, and led by our esteemed Principal, Mark Davies, is well-versed in the intricacies of Western Australia’s legal landscape. Our tagline, “Premium Family Law & Mediation Services,” reflects our commitment to providing top-tier legal guidance in these matters.

Spousal Support in Western Australia: A Brief Overview

In Western Australia, spousal support, also referred to as spousal maintenance, is governed by both the Family Law Act 1975 (Cth) for married couples and the Family Court Act 1997 (WA) for de facto couples. The laws aim to provide financial assistance to a party who is unable to adequately support themselves following separation or divorce.

  1. Eligibility for Spousal Support

Eligibility revolves around the financial need of the applicant and the respondent’s capacity to pay. The court may grant spousal maintenance if one party cannot meet their reasonable expenses and the other party has the ability to provide support.

  1. Determining the Amount and Duration

Several factors influence the amount and duration of spousal support, including:

  • Age and health of the parties.
  • Income, property, financial resources, and the financial needs of both parties.
  • The standard of living during the relationship.
  • Whether either party has the care of a child from the relationship.
  • The ability of both parties to gain employment.
  1. Temporary and Permanent Orders

Spousal support can be temporary (interim) or permanent. Temporary orders may be made to provide support while the case is ongoing. Permanent orders are typically part of the final resolution.

  1. Modification and Termination

Circumstances change, and spousal support orders may be varied or discharged by the court if there’s a significant change in the situation of either party.

  1. Time Limitations

Time limits apply to applications for spousal maintenance, and understanding these deadlines is vital.

  1. Tax Implications

Spousal support has tax implications for both the payer and the recipient, making it essential to seek both legal and financial advice.

How Davies & Co Lawyers Can Assist

Mark Davies and the team at Davies & Co Lawyers bring extensive experience in navigating the complexities of spousal support laws in Western Australia. Our services include:

  • Assessment of Eligibility: Carefully analyzing your situation to determine your eligibility for spousal support.
  • Negotiation and Mediation: Assisting in reaching an amicable agreement through negotiation and mediation services.
  • Litigation Support: If court intervention is necessary, providing robust representation tailored to your unique circumstances.
  • Post-Order Modifications: Assisting in modifications to spousal support orders as circumstances change.


Spousal support is a nuanced aspect of family law that requires a deep understanding of both the legal principles and the unique dynamics of each relationship. Whether you are seeking spousal support or are being asked to provide it, the guidance of a knowledgeable legal professional is invaluable.

Davies & Co Lawyers, located on Stirling Highway, Nedlands, Perth Western Australia, takes pride in offering Premium Family Law & Mediation Services. Our commitment to excellence, coupled with our profound understanding of spousal support laws in Western Australia, positions us as your trusted legal partner in these matters.

Please contact us today to schedule a consultation. Allow us to guide you through the spousal support laws in Western Australia, providing the clarity and confidence you need in this critical aspect of family law.