After the court makes a decision in your maintenance case

Following your maintenance orders

Your maintenance orders come into force when they are made, or on the date stated in the orders.

Maintenance orders are made when they are signed in chambers, or they are pronounced in court.

You and your ex-partner must follow your maintenance orders while they are in force.

If you don’t have a copy of your orders, it is important that you get a copy, so that you know exactly what you have been ordered to do.

For more information, see Following your maintenance orders.

Apply for a review

If you are unhappy with the Registrar’s decision, you may be able to apply for a review within 21 days of the order or decision being made.

Before you apply for a review, you should get legal advice. If your review is unsuccessful, the court will likely order you to pay some or all of your ex-partners legal costs.

Your ex-partner may apply for a review if they disagree with the Registrar’s decision. If they do, they must serve you with a copy of their Application for Review so that you can respond.

For more information, see Application for review - family law and child support proceedings on the Federal Circuit and Family Court of Australia website.

Appeals

An appeal ask a higher court to change a decision.

If you disagree with the court’s decision, you may be able to appeal within 28 days of the date of its decision.

Before you appeal, you should get legal advice. If your appeal is unsuccessful, the court will likely order you to pay some or all of your ex-partners legal costs.

Your ex-partner may also appeal if they disagree the court’s decision. If they do, they must serve you with a copy of their Notice of appeal so that you can respond.

For more information, see Appeal your property settlement or maintenance orders.

Ending maintenance orders

A maintenance order will automatically end:

• on the date in the order
• when the person receiving maintenance re-marries, unless the court orders otherwise, or
• when either person dies.

A maintenance order remains in force if:

• you and your ex-partner get back together
• the person receiving maintenance starts a de facto relationship with someone else.

In these circumstances, you may be able to apply to vary (change) or discharge (end) the order.

Remarriage

If the person receiving maintenance remarries, a maintenance order will usually end. However, the court can decide that the order will continue in special circumstances.

Special circumstances mean something out of the ordinary. For example, the person receiving maintenance may marry a person who has a very low income, such as a person living on the disability support pension.

The person paying maintenance doesn’t have to apply to discharge the order.

The person receiving maintenance must tell the payer about their new marriage as soon as possible. If they don’t, the payer may be able to recover any maintenance payments they have paid after the recipient remarried.

Enforcement of arrears

If a maintenance order ends, the person who was receiving maintenance may still be able to recover any arrears owing from when the order was in force.

This can include situations where the person who was paying maintenance has died.

The recipient can apply to the court for leave (permission) to enforce the payment of arrears. If the court gives them permission, the recipient may be able to recover any arrears from the payer’s estate.

Vary (change) or discharge (end) maintenance orders

If a maintenance order is in force, the court can:

• discharge (end) the order, if there is any just cause for doing so
• suspend (stop) the part or all of the order, for a set time or until a further order is made
• revive (restart) an order that has been suspended
• vary (change) the order to increase or decrease the amount of maintenance payable.

The person paying maintenance can apply to change or end their maintenance payments if the person receiving maintenance:

• improves their financial situation, for example by starting a de facto relationship
• starts earning more income
• spends less time caring for your children.

For more information, see Vary (change) or discharge (end) maintenance orders.

Enforcing maintenance orders

If someone don’t follow your maintenance orders, the other person may be able to apply to the court to enforce them.

There can be serious consequences for not following a maintenance order. The court may:

• order the payment of any unpaid maintenance
• order the person who breached the order to pay legal costs.

For more information, see Enforcing spousal and de facto maintenance orders.

Enforcing overseas spousal maintenance

If you have a spousal maintenance order, agreement or assessment from another country, you may be able to register it in Australia for collection by Services Australia.

Australia has arrangements with some countries that allow overseas spousal maintenance to be registered and collected in Australia. You can find the list of these countries in Schedule 2 of the Family Law Regulations 1984.

You can register a:

• a court order
• an agreement, or
• an assessment.

Your orders, agreement or assessment must be currently in force in the overseas country.

You or your ex-partner must live in Australia.

You can’t register a de facto maintenance order, agreement or assessment.

How to register

To register your spouse maintenance:

• you need to call the Child Support enquiry line at Services Australia, and
• provide a copy of the order, agreement or assessment.

Once registered, Services Australia will collect your spousal maintenance on your behalf.

If your ex-partner doesn’t pay, Services Australia may be able to take action to recover the money you are owed.

If the amount of spousal maintenance owed is expressed in a foreign currency, Services Australia will convert it into Australian dollars.

For more information, see Registering a maintenance liability made outside Australia on the Services Australia website.

Life insurance beneficiaries

If you have a life insurance policy, you may want to update your nominated beneficiaries if your ex-partner is a beneficiary.

If you don’t, and you pass away, your benefit may be paid to your ex-partner.

If you are not sure who your nominated beneficiaries are, you should check.

For more information, contact your life insurance provider or get legal advice. 

Power of attorney

A power of attorney is a legal document that authorises someone to make decisions on your behalf about your property and money.

The person that you authorise to act on your behalf is your attorney.

You may want to change your power of attorney if your ex-partner is your attorney. Separation doesn't change your power of attorney or revoke (cancel) your ex-partner's authority to act as your attorney.

For help to do this, you should talk to NSW Trustee and Guardian or get legal advice. 

For more information, see Powers of attorney.

Enduring guardian

An enduring guardian is the person you have legally appointed to make decisions on your behalf about your health, lifestyle and accommodation if you can’t make these decisions for yourself.

An appointment of enduring guardian is the document that authorises your guardian to make decisions for you.

You may want to change your appointment of enduring guardian, if your ex-partner is your enduring guardian. Separation doesn't revoke (remove) your ex-partners authority to act as your enduring guardian.

For help to do this, you should talk to NSW Trustee and Guardian or get legal advice.

For more information, see Enduring guardianship.

Last updated: September 2026