What am I Entitled to if I Leave My Husband?

Leaving a marriage can bring uncertainty about your financial future, particularly when it comes to property, assets and ongoing financial support. Understanding how financial and property settlements are assessed under Australian family law can help you better understand your rights and entitlements. In this guide, the team at O’Sullivan Davies explains the factors the Court considers when determining settlements and when spousal maintenance may also be available.

Financial and Property Settlements After Separation

There is no fixed formula for determining what you are entitled to after leaving your husband. Instead, the Court considers a range of factors to determine what is just and equitable in the circumstances of each case.

When it comes to dividing assets, the following will be relevant:

• What is there to be divided?
• Each party’s respective contributions throughout the relationship, which are usually divided into the following categories:
  • Initial contributions: what did each party have at the commencement of the relationship.
  • Financial contributions: by way of salary and contribution from family (either by way of gift and inheritance).
  • Parenting and homemaking tasks: how did the parties share their care obligations and household chores.
  • Non-financial contributions: this will look at contributions such as improvement of the assets (e.g. a party has undertaken renovation work on the family home themselves).
  • Post-separation contributions: if one party’s outweigh the other party’s post-separation contribution, they may receive a recognition for this.

Once these contributions have been assessed, the Court will also consider each party’s current and future circumstances before determining whether any adjustment should be made to the overall division of assets.

Current and Future Circumstances

Each party’s current and future circumstances are also considered as part of the settlement process. The most common factors include:

• Parties’ age and health.
• Income earning disparity between the parties.
• Care arrangements for the children — will this limit a party’s income earning capacity.

Spousal Maintenance

Spousal maintenance is separate to the above and will depend on:

• Difference between income and reasonable expenses of the party who requires maintenance, which will determine the gap.
• Capacity of the other party to pay maintenance — difference between income and reasonable expenses of the party who will pay the maintenance.

A party will only be required to pay maintenance if they have capacity to do so.

Because spousal maintenance is assessed separately from a property settlement, it is important to obtain legal advice about your individual circumstances to understand what financial support you may be entitled to receive or required to pay.

Speak with an Experienced Divorce Lawyer

If you are separating from your husband and would like advice about your property settlement or financial entitlements, the team at O’Sullivan Davies can help. Contact our experienced divorce lawyers today for practical advice and support tailored to your circumstances.