Divorce - Long Service, Annual and Sick Leave?

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Mark Webber

Member
22 July 2014
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I always assumed only Superannuation was relevant in Divorce proceedings.

What role does Long Service Leave, Sick Leave and Annual Leave have in regard to a Divorce when they are only amounts that may or may not happen in the future. Could this be just a scare tactic from the Ex's Solicitor?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Let me understand here...
You want to know if your departing spouse is entitled to a cut of yours?
 

Tim W

Lawyer
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28 April 2014
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Hi Tim, Thanks for the reply.
It's actually my sister, but yes, are they entitled to any Long service, Sick or Annual Leave she has?
<scratches head>
Hopefully one of our resident Family Law folk will have a useful answer for you.

For myself, I have never heard of an employee's leave entitlements
(unclaimed, and that have not been "paid out" in money)
being part an assessable part of a settlement... because I do not know them to be a financial asset
of the kind contemplated by section 75 of the the Family Law Act 1975.
 

Mark Webber

Member
22 July 2014
3
0
1
<scratches head>
Hopefully one of our resident Family Law folk will have a useful answer for you.

For myself, I have never heard of an employee's leave entitlements
(unclaimed, and that have not been "paid out" in money)
being part an assessable part of a settlement... because I do not know them to be a financial asset
of the kind contemplated by section 75 of the the Family Law Act 1975.
My thoughts exactly Tim, but when you're dealing with Leach's, you never know what they'll try.

Thanks again for your help, I'll look up your reference and see how we go. Cheers!!