If I am getting divorced and are married in a other country outside of community and we do not have children what is the

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Customer: Hi if I am getting divorced and are married in a other country outside of community and we do not have children what is the financial situation to the wife
JA: Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: No we bought everything when we got to NZ together
JA: Where are you located? Divorce laws vary by state.
Customer: Auckland nz
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that my husband daughter demand that he must choose between her and me and he chose her and ask me to leave the house with 4500$ and my suitcase of clothes
Answered by Chris The Lawyer in 1 hour 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Your property in New Zealand is subject to the Property Relationships Act which says that it must be divided equally. It does not matter if you married overseas. Your husband cannot do a deal like that and you are entitled to take your daughter and claim a half share in the property

Customer
We do not have property and it's not my daughter, it's his daughter, I want to know if he needs to pay maintenance for me for kicking me out of the house
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Chris The Lawyer, Expert

You can claim spousal maintenace for a short period, usually about a year but this is dependent on whether he earns a good income

Customer
What is a good income, and what is the criteria to claim spousal maintenance
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Chris The Lawyer, Expert

Probably well over $150,000 plus. If you were brought here and gave up employment to be his partner in New Zealand and have nothing else from the relationship, then you may qualify

Customer
if he doesn't get well over $150 000 but I do meet the criteria,He gets about 60 000
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Chris The Lawyer, Expert

Then you will be unlikely to get spousal maintenance but if you are a permanent resident you may qualify for a WINZ benefit
Customer
Not a PR yet just a resident, so I am entitled to no financial help from my husband?
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Chris The Lawyer, Expert

You could try and claim if you are not eligible for a WINZ benefit
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Chris The Lawyer, Expert

It isn’t common to claim spousal maintenance in New Zealand because of the availability of social welfare benefits
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