Application for orders — interim maintenance orders — spousal maintenance — family trusts — trust property — Family Proceedings Act 1980, s 82 — B v B [2008] NZFLR 789 — Dalrymple v Dalrymple [2019] NZHC 637 — Rophia v Rophia [1979] 2 NZLR 245 — YM v MJM FC North Shore FAM-2006-044-2830, 20 March 2008. The applicant sought an interim maintenance order under the Family Proceedings Act (the Act). He was 60 years old and unable to work for medical reasons, but did receive a monthly insurance payment that was set to expire once he turned 65. The respondent worked full time, and the applicant submitted that the parties' income prior to their separation should be added together and divided equally, meaning that he would get $250 per week from the respondent. Under s 82 of the Act the Court had the power to order the respondent to make payments to the applicant that were required for the applicant's future maintenance, for a period of not more than six months. The applicant had submitted a monthly budget, which showed that he was having to spend some $1607 per month repaying debts incurred since the parties' separation. The Court considered that this reflected some poor decisions by the applicant, for which he needed to take responsibility. The respondent lived on a modest budget and had little left over each week. Prior to separating the parties owned two properties that were held by a family trust. The parties agreed that the properties could be sold, but had not yet taken any steps to do so; further, the applicant had refused to sell the parties' jointly-held shares. Given some of the applicant's questionable financial decisions, the respondent's modest finances and the applicant's ability to access capital if he chose to do so, the Court decided not to make an interim spousal maintenance order. The application was refused. Judgment Date: 24 September 2020. * * * Note: names have been changed to comply with legal requirements. * * *