Section 65 — Family Proceedings Act 1980: Assessment of maintenance payable to spouse, civil union partner, or de facto partner

65 Assessment of maintenance payable to spouse, civil union partner, or de facto partner (1) This section sets out the matters that a Court must have regard to in determining the amount payable,— (a) in the case of a marriage or civil union, by 1 spouse or civil union partner for the maintenance of the other spouse or civil union partner (whether during the marriage or civil union or after its dissolution): (b) in the case of a de facto relationship, by 1 de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together. (2) The matters that the Court must have regard to are as follows: (a) the means of each spouse, civil union partner, or de facto partner, including— (i) potential earning capacity: (ii) means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976 : (b) the reasonable needs of each spouse, civil union partner, or de facto partner: (c) the fact that the spouse, civil union partner, or de facto partner by whom maintenance is payable is supporting any other person: (d) the financial and other responsibilities of each spouse, civil union partner, or de facto partner: (e) any other circumstances that make 1 spouse, civil union partner, or de facto partner liable to maintain the other. (3) In considering the potential earning capacity of each spouse, civil union partner, or de facto partner under subsection (2)(a)(i) , the Court must have regard to the effects of the division of functions within the marriage or civil union or the de facto relationship while the spouses, civil union partners, or de facto partners were living together. (4) For the purposes of subsection (3) , where 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. (5) In considering the reasonable needs of each spouse, civil union partner, or de facto partner under subsection (2)(b) , the Court may have regard to the standard of living of the spouses, civil union partners, or de facto partners while they were living together. Compare: 1963 No 71 ss 43, 44; 1968 No 62 ss 27, 30, 31, 32 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 65 was 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 ” . Section 65 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. Subsection (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union partner ” after the word “ spouse ” in both places where it appears. Subsections (2) and (3) 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 ” wherever it appears. Subsection (3) 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 ” . Subsection (4) 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 ” . Subsection (5) was 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 ” . Subsection (5) 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 ” .