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Family Proceedings Act 1980

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

65: Assessment of maintenance payable to spouse, civil union partner, or de facto partner

You could also call this:

"How the court decides maintenance payments to a partner"

Illustration for Family Proceedings Act 1980

When a court decides how much money one partner must pay to the other for maintenance, it looks at several things. You need to know what each partner can earn and what they have. The court also looks at what each partner needs and what responsibilities they have, and it considers the Property (Relationships) Act 1976.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40810.

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"How a court decides if one partner should pay money to the other"

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

65Assessment of maintenance payable to spouse, civil union partner, or de facto partner

  1. This section sets out the matters that a court must have regard to in determining the amount payable,—

  2. in the case of a marriage or civil union, by one spouse or civil union partner for the maintenance of the other spouse or civil union partner (whether during the marriage or civil union or after its dissolution):
    1. in the case of a de facto relationship, by one de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together.

      1. The matters that the court must have regard to are as follows:

      2. the means of each spouse, civil union partner, or de facto partner, including—
        1. potential earning capacity:
          1. means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976:
          2. the reasonable needs of each spouse, civil union partner, or de facto partner:
            1. the fact that the spouse, civil union partner, or de facto partner by whom maintenance is payable is supporting any other person:
              1. the financial and other responsibilities of each spouse, civil union partner, or de facto partner:
                1. any other circumstances that make one spouse, civil union partner, or de facto partner liable to maintain the other.

                  1. In considering the potential earning capacity of each spouse, civil union partner, or de facto partner under subsection (2)(a)(i), the court must have regard to the effects of the division of functions within the marriage or civil union or the de facto relationship while the spouses, civil union partners, or de facto partners were living together.

                  2. For the purposes of subsection (3), where 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. In considering the reasonable needs of each spouse, civil union partner, or de facto partner under subsection (2)(b), the court may have regard to the standard of living of the spouses, civil union partners, or de facto partners while they were living together.

                  Notes
                  • Section 65: replaced, on , by section 8 of the Family Proceedings Amendment Act 2001 (2001 No 7).
                  • Section 65 heading: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(1)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(1)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(2)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(2)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(2)(c): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(2)(d): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(2)(e): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(3): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(4): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(4): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                  • Section 65(5): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).