Separation isn’t just a legal event. Whether you were the one who managed the household, scaled back your work hours for the kids, or supported your partner’s career, you may now be wondering: how am I supposed to afford this new life on my own?
Spousal maintenance exists to answer that question – at least in the short term.
If you separated recently and are unsure whether you have a claim, the earlier you get advice the better. Spousal maintenance applications are time sensitive, and your position can be affected by agreements made early in the separation process.
What is spousal maintenance?
Think of spousal maintenance as temporary financial breathing room. It is financial support paid by one partner to the other after separation – where one person cannot meet their reasonable needs and the other has the means to help.
It is not child support. Child support is about your children. Spousal maintenance is about you.
The relevant law is the Family Proceedings Act 1980. It recognises what most people already know: not all contributions to a relationship show up in a bank account. Years spent raising children, supporting a partner through study, or running a household have a real effect on earning capacity. The law accounts for that.
Who can apply?
Either partner, at the end of a marriage, civil union, or de facto relationship. It is not about gender or who earned more. It is about the gap between what you can earn now and what you reasonably need.
Do I qualify?
You may have a claim if any of this sounds familiar: you stepped back from work during the relationship – for the kids, for your partner’s career, or to keep the household running – and that decision now limits what you can earn. You are the primary caregiver and your hours are constrained by that. Alternatively, you could be re-training, and getting back to financial independence is going to take time.
The court looks at the lifestyle you shared, not a stripped-back version of life post-separation.
How much and for how long?
There is no formula. Every couple’s financial history is different, and the assessment involves budgets, bank statements, and past spending patterns.
On duration: the law is clear that each party must take responsibility for their own financial needs within a reasonable time. Spousal maintenance is not permanent support, it is temporary financial breathing room while you re-train, return to work, or get stable.
Getting advice
Gabrielle Thompson is a Senior Associate at Lane Neave specialising in relationship property, separation, and spousal maintenance. If you would like to discuss your situation, contact Gabrielle at gabrielle.thompson@laneneave.co.nz or 021 811 526.
