Our Melbourne spousal maintenance lawyers provide strategic advice on financial support after separation, helping you assess eligibility and obligations, and secure practical, sustainable outcomes.
If you are separating and unable to meet your own reasonable living expenses, you may be entitled to spousal maintenance. We explain how the law applies to your situation and outline the practical steps to secure or respond to a claim. We can also help you respond to an application, assess eligibility, and ensure fair outcomes.
Spousal maintenance depends on need and capacity to pay. We assess your financial position, guide negotiation where appropriate, and help formalise agreements so arrangements are structured, workable, and legally binding, reducing the risk of future disputes.
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Posted on Scott ReadTrustindex verifies that the original source of the review is Google. Both Rebecca and Jordan met all of my legal needs and were a pleasure to deal with. I recommend highly!Posted on Josh HallTrustindex verifies that the original source of the review is Google. Rebecca and the team at Hamilton Thomas were instrumental during my de-facto split. Their advice and consultation always left me with a clear view of the scenario and I wouldn't have been able to keep the things I value without their advice.Posted on Janine LockwoodTrustindex verifies that the original source of the review is Google. I found the lawyers very patient and thoughtful toward my situation. I highly recommend them.Posted on Marilyn MillerTrustindex verifies that the original source of the review is Google. Professional, kind, reliable, knowledgeable - highly recommend.Posted on kerry kennyTrustindex verifies that the original source of the review is Google. 💯💯💯 Recommend 💯💯💯 Exceptional advice, Great communication Extremely easy to discuss your concerns with and hear all sides of a scenario. Rebecca is just remarkable. 🥇 Simply superior ⚡️ Thank You.Posted on D KingTrustindex verifies that the original source of the review is Google. Family Law: Don't be scared off by the paucity of reviews; Rebecca and Jordan are the perfect Legal Dream Team, with outstanding knowledge and counsel. It's all about having the best representation in family law, and you can rest assured that you'll get that with Rebecca and Jordan. They are trustworthy, efficient and highly effective. Family law is such a hellish and stressful experience, so please leave it to Rebecca and Jordan to handle it. I would still be scheduled to attend a slew of court hearings against my narcissistic ex-husband if it weren't for Rebecca and Jordan. I never do Google reviews, but I implore you for your mental health, and in the best interests of yourself and if you have a child or children, to not look any further. Other legal firms with a large number of Google reviews should be avoided at all costs; they will take advantage of you in any way they can. You won't need luck if you choose your legal representation well.Posted on Stephen MoranTrustindex verifies that the original source of the review is Google. Hamilton Thomas Lawyers - notably Rebecca Thomas and Jordan Jacobs - facilitated the updating of my will in a highly professional and informative manner at a reasonable fee. They have also regularly provided me with sage advice on other legal matters. StevePosted on Damian MitchellTrustindex verifies that the original source of the review is Google. Great people to deal with, helped through a process that can be difficult to understand but made it as easy as possible!
Practical, clear advice across all areas of family law, from first questions to final resolution.
Clear guidance through separation, protecting your rights and helping you plan your next chapter.
Strategic advice to secure a fair division of assets and protect what matters most to you.
Practical solutions focused on your children’s best interests while reducing conflict.
Advice on financial support obligations so you understand your entitlements clearly.
Compassionate legal support to keep you and your family safe, with urgent intervention orders when you need them most.
Understanding your rights in a de facto relationship, whether separating or protecting what you’ve built together.
20+ years combined family law experience. You speak to senior lawyers from your very first call.
Why choose us
We’re not transactional lawyers. We aim to be another branch of your support network.
Work with senior family law staff with an exclusive focus on family law for better outcomes.
Clear advice, honest costs and no surprises, from your very first call.
Based at 59 Koornang Road, Carnegie, we provide a local point of contact for Melbourne's south-east families.
We aim to get you out of the legal system as quickly and cost-effectively as possible.
Getting started
Three simple steps to getting expert family lawyers on your side.
01
Meet our Carnegie team, discuss your situation and explore your options — no obligation, no jargon.
02
We match you with the right lawyer and build a tailored plan around your goals and circumstances.
03
We guide you to a fair outcome so you can move ahead with clarity and confidence.
Whether you may be entitled to spousal maintenance or have concerns about a claim being made against you, we’ll give you straightforward advice so you understand your obligations and options clearly and without the guesswork.
Spousal maintenance is money paid by one spouse (de facto or married) to the other in circumstances where one party is unable to support themselves adequately following a separation. The extent of support will depend on the needs of the person seeking spousal maintenance and the other person’s capacity to pay.
You do not need to be divorced, and you are encouraged to seek advice in relation to your entitlements to spousal maintenance as soon as practicable following separation.
In family law, it is always recommended that you attempt to reach an agreement with the other parent before commencing any legal proceedings. However, if you cannot reach an agreement with the other parent, you must first lodge an application with the Federal Circuit and Family Court of Australia seeking maintenance orders. The court will determine the level of spousal maintenance based on the financial needs of the applicant and the financial capacity of the other parent.
Spousal maintenance payments can be common for expenses such as mortgage repayments, bills, and everyday financial support following a separation. Payments can be made directly to a party to the separation or to a third party, such as a bank (for mortgage repayments) or a utility provider.
You must file a Response and a Financial Statement within the required timeframe, setting out your financial position and ability to pay. Supporting documents are important. The court considers both parties’ needs and capacity, so early legal advice helps you respond clearly and avoid procedural issues.
They are separate but related. Property settlement divides assets and liabilities, while spousal maintenance deals with ongoing financial support where one party cannot meet reasonable expenses. Both can be negotiated together and finalised through consent orders or a binding financial agreement.
Based in Carnegie. We see clients in person or online, whichever suits you.