I am going through a divorce and have never had a job outside of the home. Will this affect my settlement? I am not qualified in any profession and will have to take a course or go to TAFE to get qualified in something. But how can I do this if I need to work to pay the bills?
Never having a job outside of your home will not affect your property settlement. This is because Family Law in Australia recognises both financial and non-financial contributions to a marriage. Non-financial contributions include being a home-maker and the contribution that this makes to your family.
In your current situation, it may also be possible to obtain an order that your husband pays you spousal maintenance, in addition to any property settlement.
What does the Court consider in a property settlement?
When considering whether to make a property order the Court takes into account the following matters:
– The financial contribution made directly or indirectly by the parties to the acquisition, conservation or improvement of any property; and
– The non-financial contribution made directly or indirectly by the parties to the acquisition, conservation or improvement of any property; and
– The contribution made by each party to the welfare of the family and any children of the marriage including any contribution made in the capacity of homemaker or parent; and
– The effect of any property settlement on the earning capacity of either party to the marriage.
The above considerations clearly show that the Court will consider your non-financial contributions, as well as contributions made by you as a homemaker and parent.
What does the Court consider when making an order for Spousal Maintenance?
In terms of obtaining a qualification in order to find gainful employment, it would be appropriate to seek Spousal Maintenance from your husband.
A Spousal Maintenance Order, is an order by the Court that your husband financially supports you, because you are unable to support yourself adequately on account of any of the following reasons:
– You have the care and control of a child of the marriage under the age of 18 years old;
– You are unable to obtain appropriate gainful employment because of your age or physical or mental incapacity; or
– Any other adequate reason.
When considering whether to make a Spousal Maintenance Order the Court will consider, whether the payment of Spousal Maintenance would increase your capacity to obtain adequate income by enabling you to enter a course or training.
The Court must also consider the following matters prior to making a Spousal Maintenance Order:
– The age and health of you and your husband;
– The income, property and financial resources of you and your husband and your physical and mental capacity for appropriate gainful employment;
– Whether you, or your husband, has the care or control of a child of the marriage under 18 years of age;
– The commitments of you and your husband, that are necessary for you to support yourselves and any other person you have a duty to maintain; and
– The eligibility of you, or your husband for a pension, allowance or benefit;
– A standard of living that is reasonable in the circumstances;
– The duration of your marriage and the extent that this has affected the earning capacity of you or your husband;
– If you, or your, husband are cohabiting with another person the financial circumstances surrounding that cohabitation;
– The effect of any property settlement on you or your husband; and
– Any child support that may be payable by you or your husband now or in the future.
If you are going through a Divorce and need to understand your property settlement entitlements, or whether you are entitled to Spousal Maintenance, you need to speak to Frank Boitano, the expert family Lawyer. Frank has been helping clients in these matters in the Parramatta area for the past 25 years.
Call Barwick Boitano today on (02) 9630 0444 or email onfjb@bblawyers.com for an appointment.
Easy parking directly opposite the practice, close to public transport.