Section 64 — Family Proceedings Act 1980: Maintenance after marriage or civil union dissolved or de facto relationship ends

64 Maintenance after marriage or civil union dissolved or de facto relationship ends (1) Subject to section 64A , after the dissolution of a marriage or civil union or, in the case of a de facto relationship, after the de facto partners cease to live together, each spouse, civil union partner, or de facto partner is liable to maintain the other spouse, civil union partner, or de facto partner to the extent that such maintenance is necessary to meet the reasonable needs of the other spouse, civil union partner, or de facto partner, where the other spouse, civil union partner, or de facto partner cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2) . (2) The circumstances referred to in subsection (1) are as follows: (a) the ability of the spouses, civil union partners, or de facto partners to become self-supporting, having regard to— (i) the effects of the division of functions within the marriage or civil union or de facto relationship while the spouses, civil union partners, or de facto partners lived together: (ii) the likely earning capacity of each spouse, civil union partner, or de facto partner: (iii) any other relevant circumstances: (b) the responsibilities of each spouse, civil union partner, or de facto partner for the ongoing daily care of any minor or dependent children of the marriage or civil union or (as the case requires) any minor or dependent children of the de facto relationship after the dissolution of the marriage or civil union or (as the case requires) the de facto partners ceased to live together: (c) the standard of living of the spouses, civil union partners, or de facto partners while they lived together: (d) the undertaking by a spouse, civil union partner, or de facto partner of a reasonable period of education or training designed to increase the earning capacity of that spouse, civil union partner, or de facto partner or to reduce or eliminate the need of that spouse, civil union partner, or de facto partner for maintenance from the other spouse, civil union partner, or de facto partner if it would be unfair, in all the circumstances, for the reasonable needs of the spouse, civil union partner, or de facto partner undertaking that education or training to be met immediately by that spouse, civil union partner, or de facto partner— (i) because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that spouse, civil union partner, or de facto partner; or (ii) because that spouse, civil union partner, or de facto partner has previously maintained or contributed to the maintenance of the other spouse, civil union partner, or de facto partner during a period of education or training. (3) For the purposes of subsection (2)(a)(i) , if the marriage or civil union was immediately preceded by a de facto relationship between the spouses or civil union partners, the effects of the division of functions within the marriage or civil union include the effects of the division of functions within that de facto relationship. (4) Except as provided in this section and section 64A ,— (a) neither party to a marriage or civil union is liable to maintain the other party after the dissolution of the marriage or civil union: (b) neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together. Compare: 1963 No 71 ss 43, 44 Sections 63 to 66 were substituted, as from 1 February 2002, by section 8 Family Proceedings Amendment Act 2001 (2001 No 7). The heading to section 64 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Section 64 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Subsections (1) and (2) were amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , civil union partner, ” after the word “ spouse ” in each place where it appears. Subsection (2)(a) and (c) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , civil union partners, ” after the word “ spouses ” wherever it appears. Subsection (3) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouses or civil union partners ” for the words “ husband and wife ” .