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
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,—
- 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
- 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.
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),—
- it is unreasonable to require party B to do without maintenance from party A; and
- it is reasonable to require party A to provide maintenance to party B.
The matters referred to in subsection (2) are as follows:
- the ages of the spouses, civil union partners, or de facto partners:
- the duration of the marriage or civil union or de facto relationship:
- the ability of the spouses, civil union partners, or de facto partners to become self-supporting, having regard to—
- 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:
- the likely earning capacity of each spouse, civil union partner, or de facto partner:
- 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:
- any other relevant circumstances.
- 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:
If the marriage or civil union was immediately preceded by a de facto relationship between the spouses or partners,—
- 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
- 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).


