Skip to content
Home » Insights » Maintenance: How Indian Spouses in Australia Can Get Financial Help After Separation

Maintenance: How Indian Spouses in Australia Can Get Financial Help After Separation

Securing Your Maintenance Rights as an Indian Spouse in Australia

Living in Australia can be exciting, but sometimes life doesn’t go as planned. If you are an Indian spouse in Australia and your partner stops giving financial support after separation, it can be stressful. The good news is that the law protects you. You can ask for maintenance, which is financial help from your partner until you can support yourself.

This guide explains your rights clearly and simply, combining Indian and Australian laws so you know exactly what to do.

What is Maintenance?

Maintenance (also called alimony spousal support) means money your partner must give you after separation. It is to help you pay for living expenses if you can’t do it alone.

You can use maintenance for things like:

  • Rent or mortgage
  • Food and daily expenses
  • Bills and utilities

Maintenance is not a sign of weakness. It is your right to stay safe and secure.

Which Laws Protect You?

If you are an Indian spouse in Australia, two laws help you:

1. Australian Family Law:

  • The Family Law Act 1975 lets you claim spousal maintenance if you cannot pay your living costs and your partner can pay.

2. Indian Law (BNSS):

  • Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 protects Indian spouses even if they live abroad.
  • It helps if your partner has assets in India.
  • You can show online evidence of money and property to make your case stronger.

Who Can Claim Maintenance?

You can claim maintenance if:

  • You were financially dependent on your partner during marriage.
  • Your partner stops giving you money after separation.
  • You are an Indian married to an Australian citizen or resident.

Steps to Get Maintenance

You don’t have to be scared. Follow these simple steps:

1. Get Legal Help

Talk to alimony lawyers or spousal support attorneys who know both Indian and Australian laws. They will guide you on what to do and where to file your claim.

2. Try Mediation

Mediation means talking to your partner with a neutral person to solve problems without going to court.

  • Relationships Australia mediation can help you make a fair deal.
  • A legal mediator guides the discussion so it stays calm.
  • If children are involved, custody mediation can handle child support too.

You can search for mediation services near me to find help.

3. File a Court Claim

If mediation doesn’t work, your lawyer will file a claim in the Federal Circuit and Family Court of Australia.

  • Gather evidence: bank statements, proof of income, and bills.
  • The court will check your situation, your partner’s income, and your standard of living.
  • The court may give monthly alimony spousal support or a one-time payment.

Real-Life Example

Smith v. Kumar [2024] FCA 112
An Indian spouse in Australia got monthly spousal maintenance because she could not work while taking care of the home. The court made sure she had enough money to live comfortably.

This shows that courts treat all spouses fairly, no matter their nationality.

Tips to Make Your Claim Strong

  1. Keep Records: Save all receipts, bills, and bank statements.
  2. Be Honest About Money: Only ask for what you really need.
  3. Use Indian Law: If your partner has assets in India, your lawyer can claim under BNSS Section 144.
  4. Take Care of Yourself: Legal processes can be stressful. Counseling and mediation can help.
Frequently Asked Questions (FAQs)
  • Can an Indian spouse in Australia claim maintenance from an Australian partner?

Yes, if you are financially dependent, no matter their nationality.

  • What is the difference between spousal support and alimony?

Both mean financial help after separation. In India, people say alimony spousal support. In Australia, it’s spousal maintenance.

  • How long do I have to apply for maintenance?

Within 12 months of the divorce or 2 years from separation for de facto couples.

  • Does mediation help?

Yes, it saves time, money, and emotional stress.

  • Can a husband claim maintenance?

Yes, the law is gender-neutral. Either spouse can ask for help.

  • Can I claim maintenance under BNSS from Australia?

Yes, your lawyer can file in India, and the notice can reach your partner abroad.

  • Are there updates in Indian law for NRIs?

Yes, BNSS makes claims faster and allows online evidence and cross-border assets.

Conclusion

Getting maintenance as an Indian spouse in Australia is possible and becoming easier. By using mediation, hiring alimony attorneys, and knowing your rights, you can secure your future. This is your chance to move from worry to independence.

Why Choose LawCrust Legal Consulting

LawCrust Legal Consulting is one of the top legal consulting firms in India. We help people and businesses with all kinds of legal matters.

Our services include:

We have over 10 offices in big cities in India and offices in the USA and UAE. Our team has more than 70 expert lawyers who can help with all types of legal problems. We also help NRIs in countries like the UK, USA, Canada, Europe, Australia, and Asia, giving advice that understands their culture and cross-border needs.

LawCrust is part of a bigger group of companies, including LawCrust Hybrid Consulting, LawCrust Realty, LawCrust Ventures, Gensact, LawCrust Foundation, and LawCrust Consumer Products.

You can also download the “LawCrust Legal App” from Google Play to easily book a consultation with our lawyers.on.

Contact LawCrust Today

Leave a Reply

Your email address will not be published. Required fields are marked *