QLD Does forecasted commission income get put into the asset pool

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nearlydivorced10

Active Member
1 May 2018
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Hi
married 16 years, 3 kids under 12. I have been a stay at home mum for the whole time, and he works earning a very good income over 200k per year.
He left, and looking for a divorce. He works in property and on commissions plus a retainer. He is arguing with me that he will not put his future commissions into the asset pool for the matrimonial split.
Is this right?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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He doesn't get the choice. If your matter goes to court it will tell him what is in and what isn't.

But you have already noted my other post on this topic. Start negotiating outside of court and see if the offer looks reasonable. You can always fall back to court as the second option.
 

AllForHer

Well-Known Member
23 July 2014
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The Court asks four questions:

1. What's the value of the shared asset pool?
2. What are the financial and non-financial contributions of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?

The Court doesn't take into account any financial contribution that hasn't already been made, so future commission wouldn't be taken into account. It also won't be considered part of the asset pool because it's not yet a cash asset.