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Post Separation Contributions


Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Kerry White

All contributions (financial and non-financial in nature) made should be considered prior to determining orders in respect to division of assets. It does not matter if contributions are made post separation.

The contributions made post separation could be in respect to acquiring assets, improving the value of assets or the maintenance of pre-existing assets. The post separations could further be a consequence of one spouse individually or both together.

The issue in respect of weight of such contributions are likely to be assessed alongside the timing of the final issues being determined by the Court. To illustrate: if parties to a marriage had been separated for a period of 10 years, and in the first year of separation one spouse won a lump sum amount of money, then such money amount is not likely to be given as much weight compared to if the winnings were received say in the 10th year of separation, being the year the court was hearing the dispute at trial. In comparison, in circumstances where the “intact” relationship was lengthy and the separation period relatively short, and the value of the property pool has not greatly changed in value, then it is arguable if any spouse should be deemed as making greater post separation contribution compared to the other spouse.

In summary, it is arguable that the court is moving toward an approach whereby the entire relationship duration (including the totality of contributions made during the relationship and during the post separation period) is taken into account.



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Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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