NSW Property Settlement and Assets to be Divided - Post Separation Income?

[mpoll]

I understand that in family law the Asset Pool to be divided is based on the value at property settlement, rather than at time of separation. But what about income earned after separation? If this is also included in the Asset Pool to be divided there is a great incentive for the lower earning party to delay settlement for as long as possible whilst their former partner's income builds up. Or is all income (not related to joint assets) earned after separation excluded from the Asset Pool to be divided?

Thanks

 

[Sophea]

Hi mpoll,
Refer to this previous LawAnswers Family Law Forum thread: "Property Settlement After Separation - When is balance of asset pool determined?" https://www.lawanswers.com.au/threa...hen-is-balance-of-asset-pool-determined.2262/

As you will see from Sarah J's post, consideration is given to income earned after separation but the court determines whether it was income that was derived from an independent efforts or from a joint business venture.