S 75(2) factors

As well as contributions, the Court looks at a whole range of factors set out in s 75(2) of the Family Law Act that focus on the parties’ present and future needs as well as their other resources. Issues such as health, carer responsibilities, relative earning capacity and so on are relevant here.  Some of the more significant s 75(2) factors are as follows:

  • the age and state of health of each of the parties;
  • the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment;
  • whether either party has the care or control of a child of the marriage who has not attained the age of 18 years;
  • the responsibilities of either party to support themselves and anyone else, including children;
  • the eligibility of either party for a pension, allowance or benefit;
  • where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable;
  • the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income;
  • the effect of any proposed order on the ability of a creditor of a party to recover the creditor’s debt, so far as that effect is relevant;
  • the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party;
  • the duration of the relationship and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration;
  • the need to protect a party who wishes to continue that party’s role as a parent;
  • if either party is cohabiting with another person – the financial circumstances relating to the cohabitation;
  • any child support 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;
  • any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.