This insight focuses on the grounds for awarding final maintenance orders in New Zealand. Interim maintenance is covered in a separate insight. What are final maintenance orders? Final maintenance orders require one partner to provide financial support to the other if certain qualifying grounds are met. These orders can be made: During a marriage or […]
The case of Beric v Chaplain brings into focus an important legal question: can spousal maintenance be awarded against a deceased person’s estate? This issue affects surviving partners who may find themselves struggling financially after the loss of their partner, particularly when the deceased partner had significant wealth or property. This article explores the Beric
What is interim maintenance? Interim maintenance refers to temporary financial support paid by the higher-income earning partner to the lower-income earning partner after separation. Its purpose is to help meet the reasonable financial needs of the lower-income partner while the court decides on a final maintenance order. Unlike child support, which is paid between parents
Interim Maintenance Explained: How to Apply, Key Considerations, and Case Examples Read More »
When it comes to spousal maintenance cases, one of the most crucial factors in determining the amount of support required is the concept of “reasonable needs.” This insight explores what constitutes “reasonable needs,” provides key case examples, and offers practical advice on how to prepare and review a budget in maintenance disputes. What are reasonable
How to Assess “Reasonable Needs” in Spousal Maintenance Cases: A Detailed Guide Read More »
How are spousal maintenance proceedings commenced? In most cases, maintenance issues are settled through an agreement, so court involvement is unnecessary. However, if an agreement can’t be reached, you may need to take the matter to Family Court. The applicant (the person seeking maintenance) must file several documents to initiate the proceedings: Application: The document
