WA Property Settlement Money Still Outstanding - Take from Redundancy Pay?

[Jamie]

Hi, my husband and I were married 25 years. Split 2 years ago, property settlement done 8 months ago. He still owes me $50k from settlement. He has just been made redundant from a $255k + job. Am I entitled to a portion of his redundancy as he was in the job for a lot of years while we were together? I would like to recoup my $50k before he blows all his redundancy money.

 

[Sarah J]

Hi Jamie,

I am not too familiar with family law, so hopefully someone else on here can confirm or correct what I write:

• Redundancy packages are generally considered part of the "shared pool" as it relates to employment taken by one partner during the relationship
• Future redundancy packages should be disclosed during property settlement negotiations/proceedings if there is a real likelihood that the partner will receive a redundancy package in the near future. Hence, if it was posited at the time of property settlement negotiations/proceedings that your husband would receive a redundancy package soon after settlement, the value of this package should be estimated and attributed toward the "shared pool" assets. It will also be attributed toward the contributions that person brings to the table (hence, possibly increasing his overall share to account for this new contribution). If this is not done, and you believe the amount should be considered in the settlement, you can apply to have the settlement set aside for non-disclosure and have the assets re-calculated. However, this will take time and money, so it may not be worth it
• Not all of the redundancy package is automatically considered in the "shared pool" (e.g. if part of the package includes compensation for loss of future earnings where the person is unable to find a replacement job)

If you just want the $50K paid:

• Does it state in the agreement when your ex husband should pay by?
• If not, have you contacted your ex husband asking for payment and enquiring why he may be having difficulties with payment?

 

[Jamie]

Thanks for the info Sarah. The owing amount was doe motor vehicle (which he still has), motorbike (which he has sold and bought a new one) and 18 months spousal allowance. It was to be paid on sale of our properties. One property has sold but not the other. I have asked numerous times for the payment but he won't give it to me until the sale of the second property. Due to the nature of the property it could take years to sell. He was on a very large wage so I would think the redundancy would be rather generous as he was employed there for 7 years .

 

[Sarah J]

Does it specify in the settlement agreement whether the payments are to be made after the sale of each property or after the sale of all properties? If not, you can apply to the Family Court for an enforcement order: see "complying with financial orders"

Perhaps telling your ex husband that if he does not pay for the sold proprietress within [30] days, then you may apply for an enforcement order over that amount without further notice. You can change the number of days to pay, however, it should be a reasonable period of time.