Spousal maintenance, often referred to as alimony, is designed to support a financially dependent ex-partner after separation. However, life changes, such as job loss, illness or rising expenses, can affect your ability to keep up with those payments. So, what happens if your financial circumstances change? Do you know how to get alimony reduced in Australia?

It is possible to apply for a reduction in spousal maintenance under certain conditions. Courts will consider whether there has been a significant change in your or your former partner’s circumstances.

This guide explains how to get alimony reduced in Australia, what the law requires and how legal advice can help you navigate the process effectively.

Quick Overview: How to Get Alimony Reduced

To reduce spousal maintenance (alimony), you must show a material change in circumstances. This includes financial hardship, illness or your ex-partner’s improved financial status. 

You may apply to the Federal Circuit and Family Court of Australia to vary or discharge the existing order. Legal advice is crucial to assess eligibility and support your application with proper evidence.

What Is Spousal Maintenance in Australia?

Spousal maintenance, or alimony, refers to financial support paid by one former partner to another after separation or divorce. It is different from child support and is based on:

• One partner’s inability to support themselves adequately
• The other partner’s capacity to pay

Orders can be made by agreement (consent orders) or imposed by the court after a contested hearing. Payments may be made weekly, monthly or as a lump sum.

When Can You Apply to Reduce Spousal Maintenance?

Courts understand that people’s financial situations evolve. You may seek a reduction or termination of your spousal maintenance order if:

• You’ve lost your job or suffered a significant reduction in income.
• You’ve become ill or disabled and can no longer work.
• You’ve retired and your capacity to pay has decreased.
• Your former partner’s financial position has improved (e.g., new employment or relationship).
• The dependent party no longer requires financial support.

In all cases, you must demonstrate that these changes are significant and ongoing, not temporary or self-imposed.

Legal Grounds for Varying a Spousal Maintenance Order

Section 83 of the Family Law Act 1975 allows the court to vary, suspend or discharge a spousal maintenance order if:

• Circumstances have changed since the original order was made.
• There was a material misrepresentation or suppression of evidence.
• The original order was based on incorrect facts or assumptions.

The court will re-examine the current needs and capacities of both parties before making a decision.

How to Apply for a Reduction in Spousal Maintenance

If you believe your spousal maintenance obligations should be reduced due to changes in your circumstances, there’s a formal process you’ll need to follow. Understanding each step ensures your application is complete, timely and has the best chance of being approved. Below, we’ll walk you through the key steps in applying for a reduction in spousal maintenance.

Step 1: Get Legal Advice

Speak to a family lawyer to assess your eligibility and the strength of your case. They can advise on alternative strategies if your application is unlikely to succeed.

Step 2: Gather Supporting Evidence

You’ll need detailed financial documents, such as:

• Recent payslips or termination letters
• Medical certificates or health reports (if applicable)
• Updated income and expense statements
• Proof of your former partner’s improved financial position (if known)

Step 3: Attempt Dispute Resolution

Before going to court, you may be required to try mediation or Family Dispute Resolution (FDR) unless exemptions apply.

Step 4: File an Application with the Court

You’ll need to file an application to vary the spousal maintenance order and submit an affidavit explaining your reasons, evidence and what change you’re requesting.

Step 5: Attend the Court Hearing

The court will consider your application, review the evidence and may question both parties before delivering a decision.

Key Factors the Court Considers

When deciding whether to reduce spousal maintenance, the court evaluates:

• Each party’s current income, assets and expenses
• Employment status and earning capacity
• Health and age of both parties
• Financial support obligations to children or others
• Whether the change in circumstances is genuine and substantial

It is important to approach the process with transparency and realistic expectations.

Temporary vs Permanent Changes

Not all financial setbacks justify a reduction. The court distinguishes between:

• Temporary changes – such as short-term illness or unpaid leave, which may result in a temporary suspension, not a full reduction
• Permanent changes – such as redundancy, permanent disability or retirement, which are more likely to support a lasting reduction or termination

Your lawyer can help you determine which category applies to your case.

Risks of Not Seeking a Legal Modification

If you simply stop or reduce payments without court approval, you could face:

• Accumulated arrears
• Enforcement actions (e.g., garnishing wages, property seizure)
• Contempt of court charges

Always go through the proper legal channels when requesting changes.

FAQs – Reducing Spousal Maintenance in Australia

Can I stop providing spousal maintenance if I lose my job?

Not automatically. You must apply to vary the order and provide evidence of your changed circumstances.

Will my payments stop if my ex remarries or enters a de facto relationship?

Possibly. A new relationship may reduce or end your obligation, but it depends on the financial impact and court approval.

What if I can’t afford legal representation?

You may qualify for legal aid or community legal support. Some lawyers offer fixed fees or payment plans.

Can we change the order by agreement without going to court?

Yes, if both parties agree. The change should still be formalised with a new consent order to make it enforceable.

Is there a time limit for applying to reduce alimony?

No strict limit, but act as soon as possible once your circumstances change.

Struggling with Spousal Maintenance Obligations? Contact Johnsons Law Group Today

At Johnsons Law Group, we understand the challenges of changing financial situations. Our family law team can help you assess whether your circumstances qualify for a reduction, negotiate with your former partner, prepare and file the necessary court documents and represent you at mediation or court hearings. We focus on practical, client-centred solutions that protect your financial wellbeing.

If you’re having trouble meeting spousal maintenance obligations, don’t wait. Call us on 02 9600 727 or visit our Contact Us page to book a confidential consultation and explore your options with expert guidance.