Sharon Chandra is experienced in dealing with spousal maintenance disputes in NZ.
Spousal Maintenance
Spousal maintenance in NZ is an obligation to pay financial support to a spouse or partner unable to meet their reasonable expenses.
Liability to Pay Spousal Maintenance
When looking at NZ spousal maintenance, an assessment must first be made as to whether an obligation to pay spousal maintenance exists. There needs to be an inability by one spouse or partner to meet their reasonable expenses. The cause of that inability needs to be due to one of a range of factors, including:
- How the functions were divided during the relationship
- The likely earning capacity of each party
- The standard of living during the relationship
- Any physical or mental disability
- The undertaking of a period of education or training
- The inability of either party to obtain work that is reasonable and adequate
Amount of Maintenance to be Paid
Spousal maintenance in New Zealand is generally payable through ongoing periodical payments, e.g., fortnightly or monthly. Where an obligation to pay spousal maintenance exists, an enquiry needs to be made into what amount of maintenance is appropriate.
This enquiry requires an assessment of each party’s income and ongoing expenses, which will determine the shortfall for the lower-income earner and the surplus (if any) for the higher-income earner. This assessment will, in part, determine the amount of spousal maintenance payable.
Time Period
The period for which spousal maintenance is payable varies from couple to couple. If an obligation to pay spousal maintenance exists, often there will be a need to pay interim or temporary spousal maintenance to ensure both parties can meet their reasonable expenses.
There may also be a need to pay ongoing maintenance for a fixed period to allow the lower income earner to get themselves in a position to meet their expenses. This amount can be determined partly by whether the lower income earner is undertaking a period of study or training or their responsibility for the care of children.
How to Resolve Spousal Maintenance Disputes
Spousal maintenance can be agreed upon, often by negotiating between lawyers. Couples commonly agree upon child support and spousal maintenance together, but if that is to be done, it is important to consider what child support obligations exist.
If an agreement cannot be reached, it is possible to apply to the Family Court for spousal maintenance orders. It is also possible to apply urgently to court if someone is in urgent financial need and the other spouse or partner is not financially assisting them.
Don’t hesitate to contact Sharon to arrange an appointment if you would like assistance with spousal maintenance in NZ.
FAQs
What is spousal maintenance, and how does it differ from child support?
Child support handles the financial cost of raising children, whereas spousal maintenance is financial support paid by one ex-partner to another to meet their reasonable daily living costs after a separation. It applies if one partner cannot support themselves due to things like the division of functions during the relationship (such as staying home to care for children) or the standard of living during the relationship.
How long does an obligation to pay spousal maintenance typically last?
Under New Zealand law, spousal maintenance is generally designed to be temporary. It is structured to provide interim support while the receiving partner undertakes training, finds employment, or shifts toward full financial independence.
How is the amount of spousal maintenance calculated?
There is no rigid mathematical formula. It requires an extensive look at the reasonable living expenses and earning capacities of both parties. I advise clients on determining whether a clear legal obligation to pay spousal maintenance exists and ensuring that any payments agreed upon are fair and justified.