After a relationship ends (whether de facto, marriage or civil union), the law recognises that both people should be able to maintain a similar standard of living. However, in practice, this is not always possible, especially when one person earns significantly more than the other. So, what can be done? This is where spousal maintenance may help.
The higher-earning person may be required to “top up” or financially support the other so they can meet their reasonable needs. In the period immediately after separation — often before relationship property matters have been resolved — the lower-income earner can apply to the Family Court for interim maintenance. Commonly, interim maintenance orders can be obtained relatively quickly and last for a period of six months. They are designed to provide immediate and short-term relief when the lower-income earner is under financial pressure.
The Court has broad discretion to decide whether to grant interim maintenance, and if so, how much should be paid. It must consider:
1. The standard of living the parties had during the relationship, marriage, or civil union;
2. The reasonable needs of the person applying for maintenance;
3. That person’s ability to meet their own needs (for example, their income and whether they can increase it); and
4. The other person’s ability to pay, taking into account their own reasonable needs.
In addition to interim maintenance, there is also the ability to seek ongoing (final) maintenance. This is more complex and is dependent on whether the person seeking ongoing support is unable to meet their own needs over the longer term, due to a range of factors. Those include age, stage of life, illness, or an inability to work.
Spousal maintenance is designed to help maintain financial stability during a challenging transition. Understanding your options early can make a real difference in easing the stress of separation.
Want to learn more?
Get in touch with our Wellington and Rotorua family teams, for personalised advice and to book a consultation.
