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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Maintenance of spouses and de facto partners

63: Maintenance during marriage or civil union

You could also call this:

"Helping Your Partner Financially While Married or in a Civil Union"

Illustration for Family Proceedings Act 1980

When you are married or in a civil union, you have to help support your partner if they need it. You only have to do this if your partner cannot support themselves because of certain circumstances. These circumstances include things like your partner's ability to work and support themselves. You have to consider things like how you shared work and responsibilities when you were living together. You also have to think about your partner's ability to earn money and support themselves. Other things to consider include your standard of living when you were together and any disabilities your partner may have. Normally, you do not have to support your partner while you are still married or in a civil union. However, there are some exceptions to this rule, which are outlined in the law. You can find more information about the law on the Family Proceedings Act 1980 and the Civil Union Act 2004 on the New Zealand legislation website.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40491.

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"Support duties remain even if someone gets a domestic benefit"

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"Supporting your partner after you separate"

Part 6Maintenance of spouses and de facto partners
Maintenance of spouses and de facto partners

63Maintenance during marriage or civil union

  1. During a marriage or civil union, each party is liable to maintain the other party to the extent that such maintenance is necessary to meet the reasonable needs of the other party, where the other party cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2).

  2. The circumstances referred to in subsection (1) are as follows:

  3. the ability of the parties to be or to become self-supporting, having regard to—
    1. the effects of the division of functions within the marriage or civil union while the parties are living together or lived together:
      1. the likely earning capacity of each party:
        1. any other relevant circumstances:
        2. the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage or civil union after the parties ceased to live together:
          1. the standard of living of the parties while they are living together or lived together:
            1. any physical or mental disability:
              1. any inability of a party to obtain work that—
                1. it is reasonable in all the circumstances for that party to do; and
                  1. is adequate to provide for that party:
                  2. the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party—
                    1. because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that party; or
                      1. because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training.

                      2. Except as provided in this section, neither party to a marriage or civil union is liable to maintain the other party during the marriage or civil union.

                      Notes
                      • Section 63: replaced, on , by section 8 of the Family Proceedings Amendment Act 2001 (2001 No 7).
                      • Section 63 heading: amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 63(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 63(2)(a)(i): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 63(2)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                      • Section 63(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).