other factors
When considering property division, the law requires the consideration of both contributions and “other factors". These other factors include:
the effect of any proposed order upon the earning capacity of either party to the marriage;
any other order made under the Family Law Act affecting a party to the marriage or a child of the marriage; and
any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage; and
a number of factors which are often referred to as “future factors”.
future factors
There are approximately 22 matters the Court may consider so far as they are relevant. They include:
the parties’ age;
the parties health;
the parties’ respective incomes, property and financial resources;
the capacity of each of you for appropriate gainful employment;
the responsibilities of either of you to support any other person;
a standard of living that in all the circumstances is reasonable for you both;
the duration of the marriage and the extent to which it has affected the earning capacity of either of you whose maintenance is under consideration; and
If either you or your former spouse begin cohabiting with another person - the financial circumstances relating to the cohabitation.