“Navigating the complexities of family law can be challenging, especially when it comes to understanding your entitlements after a relationship ends. A common question we hear is - If I looked after the kids while my ex-partner worked, am I entitled to anything? The answer is nuanced but important for those in similar situations” Solicitor Stafford Mortensen shares.
“Contributions recognised by the Family Law Act include both financial and non-financial contributions made during a relationship. Non-financial contributions include responsibilities such as caring for children and maintaining the family home. These contributions are just as important as financial ones when determining how to fairly divide the property pool after separation.”
If you played a major role in the home and assumed the role of primary caregiver for your children while your partner was the primary earner, you may be entitled to a larger share of the property pool.
The court will consider various factors, including:
1. The length of the relationship;
2. The contributions made by each party (both financial and non-financial); and
3. The future needs of each party.
Entitlement to Spousal Maintenance in addition to property division.
If you sacrificed your career or earning potential to care for the children and support your partner's career, you might be entitled to ongoing spousal maintenance. Spousal maintenance is financial support paid by one party to the other to help meet reasonable expenses after separation.
When determining spousal maintenance, the court evaluates several factors, including:
1. The income and earning capacity of both parties;
2. Their age and health; and
3. Future needs, such as care obligations and living expenses.
Understanding your rights and entitlements after a relationship ends can be overwhelming, but you don't have to navigate this process alone. At Wonderley & Hall Family Law, we are committed to providing compassionate and expert legal support tailored to your unique circumstances.
If you have questions about your situation or would like guidance on your rights regarding property division or spousal maintenance, reach out to our experienced family law team today. We're here to help you secure a fair outcome that considers all your contributions.
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