In very broad terms, legally married partners are currently able to apply to be maintained by their spouse after the relationship breaks down. The Family Proceedings Amendment Act 2001 makes it easier to obtain maintenance, and provides that de facto partners (this includes same sex relationships) may also be obliged to financially maintain a former
partner after they stop living together, if the former partner is unable to meet his or her own reasonable financial needs. Any maintenance obligations will cease if the former partner enters into a new de facto relationship, or marries. The changes will take effect from 1st February 2002. One likely side effect of the changes may be the increased use of
private investigators to find out if the former partner has a new relationship, which could then be ultimately used to end any ongoing maintenance obligations.

This is a general summary only and should not be taken as a substitute for specific advice.

Kristina Andersen is an Auckland lawyer with a special interest in family law and
relationship issues.

Email:find@aucklandlawyer.co.nz
Web site: Kristina Andersen

May 2001