De Facto Relationships Act 1991

A court may make an order for periodic or other maintenance if it is satisfied as to either or both of the following:

that the partner applying for the order is unable to support himself or herself adequately because of having the care and control of a child of the de facto partners, or a child of the other partner, who has not attained the age of 18 years on the day on which the application is made;

that the partner is unable to support himself or herself adequately because the partner's earning capacity has been adversely affected by the circumstances of the relationship and, in the opinion of the court:

an order for maintenance would increase the partner's earning capacity by enabling the partner to undertake a course or program of training or education; and

it is reasonable to make the order, having regard to all the circumstances of the case.

In determining whether to make an order under this Division for maintenance and in fixing an amount to be paid, a court must have regard to the following:

the income, property and financial resources of each de facto partner;

the physical and mental capacity of each de facto partner for appropriate gainful employment;

the financial needs and obligations of each de facto partner;

subject to subsection (3), the eligibility of either party for a pension, allowance or benefit under a law of the Commonwealth or a

State or Territory of the Commonwealth, or of another country, and the rate of any such pension, allowance or benefit being paid to either party;

the responsibilities of either de facto partner to support any other person;

the terms of any order made or proposed to be made under

Division 3 with respect to the property of the de facto partners;

any payments made for the maintenance of a child or children in the care and control of the partner applying for the order.

In making an order, a court must disregard any entitlement of the partner applying for the order, or of any child of whom that partner has the care and control, to an income tested pension, allowance or benefit as defined in the Family Law Act 1975 (Cth).