Family Proceedings Act 1980

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

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

You could also call this:

"Partners must look after themselves after a breakup"

Illustration for Family Proceedings Act 1980

When you are married, in a civil union, or in a de facto relationship, you and your partner are responsible for your own needs. If your marriage or relationship ends, you must take care of yourself within a reasonable time. After that time, you are not responsible for supporting your former partner under section 64. If you and your partner have separated, one of you might still need to support the other. This happens if it is unreasonable for the other person to not get support, and if it is reasonable for you to give them support. The court considers things like your age, how long you were together, and whether you can support yourself. The court also thinks about how you shared work and responsibilities when you were together. They consider how much money you might earn, and who will take care of any children. All these things help the court decide if one partner should support the other. If you were in a de facto relationship before you got married or into a civil union, the court treats that time as part of your marriage or civil union. This helps them make decisions about supporting each other after you separate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40802.


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

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

  1. If a marriage or civil union is dissolved or, in the case of a de facto relationship, the de facto partners cease to live together,—

  2. each spouse, civil union partner, or de facto partner must assume responsibility, within a period of time that is reasonable in all the circumstances of the particular case, for meeting his or her own needs; and
    1. on the expiry of that period of time, neither spouse, civil union partner, or de facto partner is liable to maintain the other under section 64.
      1. Regardless of subsection (1), if a marriage or civil union is dissolved or, in the case of a de facto relationship, the de facto partners cease to live together, one spouse, civil union partner, or de facto partner (party A) is liable to maintain the other spouse, civil union partner, or de facto partner (party B) under section 64, to the extent that such maintenance is necessary to meet the reasonable needs of party B if, having regard to the matters referred to in subsection (3),—

      2. it is unreasonable to require party B to do without maintenance from party A; and
        1. it is reasonable to require party A to provide maintenance to party B.
          1. The matters referred to in subsection (2) are as follows:

          2. the ages of the spouses, civil union partners, or de facto partners:
            1. the duration of the marriage or civil union or de facto relationship:
              1. 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 were living together:
                  1. the likely earning capacity of each spouse, civil union partner, or de facto partner:
                    1. 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) after the de facto partners ceased to live together:
                      1. any other relevant circumstances.
                      2. If the marriage or civil union was immediately preceded by a de facto relationship between the spouses or partners,—

                      3. for the purposes of subsection (3)(b), the de facto relationship must be treated as if it were part of the marriage or civil union; and
                        1. for the purposes of subsection (3)(c)(i), 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.
                          Notes
                          • Section 64A: inserted, on , by section 8 of the Family Proceedings Amendment Act 2001 (2001 No 7).
                          • Section 64A heading: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(1)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(1)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(2): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(2): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(c): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(c)(i): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(c)(i): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(2)(c)(ii): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(c)(iii): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(3)(c)(iii): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(4): amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).
                          • Section 64A(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(4)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                          • Section 64A(4)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).