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Family Proceedings Act 1980

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

69: Maintenance order in favour of either spouse or civil union partner

You could also call this:

"Getting money from your spouse or partner to help you"

Illustration for Family Proceedings Act 1980

You can apply to the Family Court for a maintenance order if you are a spouse or civil union partner. The court can make an order for the other person to pay you money to help with your maintenance. This can be a regular payment or a one-off lump sum. You can get a lump sum payment for money the other person should have paid you in the past. The court can decide when you get the lump sum, such as on a specific date or in instalments. If you get a maintenance order and then get married or enter into a civil union, the order will stop unless you and the other person agree otherwise.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40832.

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68: Power of Family Court to make maintenance order in favour of either spouse or civil union partner, or

"The Family Court can help spouses or partners get money support from each other."

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70: Order for maintenance after marriage or civil union dissolved or de facto relationship ends, or

"Getting money to help with living costs after a relationship ends"

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

69Maintenance order in favour of either spouse or civil union partner

  1. On hearing an application under section 67 the Family Court may, subject to section 61, make any 1 or more of the following orders:

  2. an order directing the respondent to pay, for such period as the court thinks fit (but not exceeding the joint lives of the parties), such periodical sum towards the future maintenance of the applicant as the court thinks fit:
    1. an order directing the respondent to pay such lump sum towards the future maintenance of the applicant as the court thinks fit:
      1. an order directing the respondent to pay such lump sum towards the past maintenance of the applicant as the court thinks fit.

        1. An order under paragraph (b) or paragraph (c) of subsection (1) for the payment of a lump sum may provide that the sum shall be payable—

        2. at a future date specified in the order; or
          1. by instalments specified in the order; or
            1. on such terms and conditions as the court specifies in the order.

              1. Subject to any agreement by the parties to the contrary, an order made under subsection (1)(a) or (b), and every order made under section 99 varying or extending such an order, shall cease to have effect if the party in whose favour it is made marries or enters into a civil union.

              Notes
              • Section 69 heading: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
              • Section 69(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 69(3): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).