Am I liable to pay for my ex-partner’s maintenance?
If you have recently separated from a de facto partner, or had your marriage or civil union dissolved, you may be wondering if you are liable to provide financial support to your ex-partner following your separation. This is called “spousal maintenance”, and sits outside any existing or ongoing child support payments.
The Family Proceedings Act 1980 is the law governing the liability of one party to pay for the other party’s maintenance for a period of time after separation. In most cases, ex-partners will not be held liable to pay spousal maintenance. However, you may be liable to pay maintenance to your ex-partner if they cannot practicably meet all, or any part of their reasonable needs in certain circumstances and you have the means to assist.
A wide range of factors are taken into account when determining whether maintenance should be paid and how much. This can include:
- Your ex-partner’s ability to become self-supporting post-separation is constricted because of the division of functions during your relationship (for example, one partner worked and so progressed their career while the other looked after the children) or their likely earning capacity;
- Financial and caregiving responsibilities;
- Your standard of living while you were together; and
- Your ex-partner may be undertaking education to improve their ability to become self-supporting in the future
When determining how much maintenance should be paid, this will involve looking both parties’ current income, whether the paying party is financially supporting anyone else, and any other relevant circumstances which may make one party liable to support the other. Typically, both parties will need to complete a budget detailing their respective expenses and income.
The payment of maintenance will not be forever, it is intended to provide support for a reasonable period allowing the receiving partner time to become self-sufficient following the separation. Ex-partners who are entitled to maintenance must assume responsibility for their own needs within a reasonable time frame.
Spousal maintenance entitlements and payments depend on the unique circumstances of each couple. These factors determine whether maintenance is payable, the amount to be paid, and the duration of any payments. If you believe you may have a claim for spousal maintenance, or that your former partner may have a claim, we recommend contacting a member of our Family Law team for advice.
Sophie Law
Tauranga
Romy Tennent
Tauranga
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