After any relationship ends -whether it's a marriage, civil union, or de facto partnership – it is not uncommon for one partner to face financial hardship. This is especially true when one party has been out of the workforce, caring for children, or supporting the household in ways that have limited their earning potential. In these situations, New Zealand law provides for spousal maintenance to help bridge the financial gap and provide temporary support during the transition to independence.
What is spousal maintenance?
Spousal maintenance is a financial payment made by one partner to another where the receiving party is unable to meet their reasonable needs and expenses, and the other party has the means to assist. Governed by the Family Proceedings Act 1980, spousal maintenance is distinct from child support, which is solely for the benefit of the children. The law recognises that contributions to a relationship are not always financial, and that time spent raising children or supporting a partner's career can impact long-term earning capacity.
To qualify for spousal maintenance, a person must have been in a marriage, civil union, or de facto relationship. De facto relationships are generally required to have lasted three years or more, though there are exceptions—particularly where children are involved or one party made significant contributions.
How the Family Court Decides
The Family Court takes a wide range of factors into account when deciding whether maintenance should be paid and how much. These include each partner's income and potential earning capacity, the standard of living during the relationship, financial and caregiving responsibilities (especially for minor children) and the impact of any division of roles within the relationship, such as one partner putting their career on hold. If the applicant is undertaking education or retraining to improve their earning capacity, this can also be factored in, especially where it is unreasonable for them to meet their needs during that period.
In assessing how much maintenance should be paid, the Court considers not only current income but also the means derived from any division of property under the Property (Relationships) Act 1976. Other considerations include whether the paying party is financially supporting anyone else, and any unique circumstances that may make one party liable to support the other.
In some cases, a person may need urgent financial help before a final order on spousal maintenance can be made. In these situations, interim maintenance can be sought. This is a temporary order, lasting up to six months, designed to protect the financially weaker party until the substantive claim is resolved. Interim maintenance can be arranged voluntarily or ordered by the Family Court. Applicants must show that they are unable to meet their needs and that the other party has the ability to help.
It's also possible to request that legal or accounting fees be included in maintenance claims, particularly in interim applications, if they form part of a person's reasonable needs. However, the Court will assess whether the applicant truly lacks the resources to cover these costs independently. In Bate v Bate, the High Court acknowledged that legal costs can, in some cases, be covered by maintenance where there's a financial imbalance between parties. However, this is not automatic, and such costs will only be included where justified.
How Long Does Spousal Maintenance Last?
It's important to understand that spousal maintenance is not intended to be a permanent solution. Its purpose is to provide support for a reasonable period, allowing the recipient time to become financially self-sufficient. This might mean gaining new qualifications, re-entering the workforce or adjusting to single-income living.
How We Can Help
At Wynn Williams, our relationship property and family team regularly assist clients with both applying for and responding to spousal maintenance claims. We provide clear advice, prepare court documents, negotiate settlements, and support clients through Family Court proceedings when necessary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
