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Family Proceedings Act 1980

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

66: Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners

You could also call this:

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

Illustration for Family Proceedings Act 1980

When a court is deciding if one partner should pay maintenance to the other, you need to know what the court considers. The court looks at things like if the partner seeking maintenance is doing something to stop themselves from being able to support themselves. The court also looks at if the partner seeking maintenance has done something very wrong that would make it unfair to make the other partner pay maintenance.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40820.

Topics:
Family and relationships > Marriage and partnershipsFamily and relationships > Children and parentingMoney and consumer rights > Support and maintenance
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"How the court decides maintenance payments to a partner"

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67: Application by either spouse or civil union partner for maintenance during marriage or civil union, or

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

66Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners

  1. The court may have regard to the matters set out in subsection (2) in considering,—

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

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

      2. conduct of the spouse, civil union partner, or de facto partner seeking to be maintained that amounts to a device to prolong his or her inability to meet his or her reasonable needs:
        1. misconduct of the spouse, civil union partner, or de facto partner seeking to be maintained that is of such a nature and degree that it would be repugnant to justice to require the other spouse, civil union partner, or de facto partner to pay maintenance.

          Notes
          • Section 66: replaced, on , by section 8 of the Family Proceedings Amendment Act 2001 (2001 No 7).
          • Section 66 heading: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
          • Section 66(1)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
          • Section 66(1)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
          • Section 66(2)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
          • Section 66(2)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).