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Family Proceedings Act 1980

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

64: Maintenance after marriage or civil union dissolved or de facto relationship ends

You could also call this:

"Supporting your partner after you separate"

Illustration for Family Proceedings Act 1980

If you are married, in a civil union, or in a de facto relationship, you might need to support your partner after you separate. This is called maintenance, and you have to pay it if your partner cannot support themselves. You can check section 64A for more information. If you separate, the court will look at some things to decide if you need to pay maintenance. These things include how you and your partner shared work and responsibilities when you were together. The court will also think about how much money you and your partner can earn, and who will take care of any children. In general, you do not have to pay maintenance to your partner after you separate, unless the court decides it is necessary. You can read more about this in section 64A. The court's decision will depend on your individual situation and what is fair.

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Topics:
Family and relationships > Marriage and partnershipsFamily and relationships > Children and parenting
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63: Maintenance during marriage or civil union, or

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

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64A: Spouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time, or

"Partners must look after themselves after a breakup"

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

64Maintenance after marriage or civil union dissolved or de facto relationship ends

  1. Subject to section 64A, after the dissolution of a marriage or civil union or, in the case of a de facto relationship, after the de facto partners cease to live together, each spouse, civil union partner, or de facto partner is liable to maintain the other spouse, civil union partner, or de facto partner to the extent that such maintenance is necessary to meet the reasonable needs of the other spouse, civil union partner, or de facto partner, where the other spouse, civil union partner, or de facto partner 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 spouses, civil union partners, or de facto partners to become self-supporting, having regard to—
    1. the effects of the division of functions within the marriage or civil union or de facto relationship while the spouses, civil union partners, or de facto partners lived together:
      1. the likely earning capacity of each spouse, civil union partner, or de facto partner:
        1. any other relevant circumstances:
        2. the responsibilities of each spouse, civil union partner, or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or civil union or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or civil union or (as the case requires) the de facto partners ceased to live together:
          1. the standard of living of the spouses, civil union partners, or de facto partners while they lived together:
            1. the undertaking by a spouse, civil union partner, or de facto partner of a reasonable period of education or training designed to increase the earning capacity of that spouse, civil union partner, or de facto partner or to reduce or eliminate the need of that spouse, civil union partner, or de facto partner for maintenance from the other spouse, civil union partner, or de facto partner if it would be unfair, in all the circumstances, for the reasonable needs of the spouse, civil union partner, or de facto partner undertaking that education or training to be met immediately by that spouse, civil union partner, or de facto partner—
              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 spouse, civil union partner, or de facto partner; or
                1. because that spouse, civil union partner, or de facto partner has previously maintained or contributed to the maintenance of the other spouse, civil union partner, or de facto partner during a period of education or training.

                2. For the purposes of subsection (2)(a)(i), if the marriage or civil union was immediately preceded by a de facto relationship between the spouses or civil union partners, the effects of the division of functions within the marriage or civil union include the effects of the division of functions within that de facto relationship.

                3. Except as provided in this section and section 64A,—

                4. neither party to a marriage or civil union is liable to maintain the other party after the dissolution of the marriage or civil union:
                  1. neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together.

                    Notes
                    • Section 64: replaced, on , by section 8 of the Family Proceedings Amendment Act 2001 (2001 No 7).
                    • Section 64 heading: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(1): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(a)(i): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(a)(i): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(a)(ii): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(c): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(d): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(d)(i): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(2)(d)(ii): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(3): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 64(4)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).