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VIC Separation - Husband Entitled to TAC Settlement Funds?

Discussion in 'Family Law Forum' started by Andreaconfused, 17 March 2015.

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  1. Andreaconfused

    17 March 2015
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    I am currently separated from my husband ( separation). I had a transport accident in Jan 2011 and am currently going to court in July this year for a common claim (I think that is what it is called).

    I was not with my husband at the time of the accident and as we are currently separated. I was wondering if I was to receive a large TAC (Transport Accident Commission) settlement would he be entitled to any of these funds?

  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Andrea,

    My view is that it will not contribute toward the "property pool". Generally, compensation and accident injury payouts that relate to one party (not jointly) should not form part of the "property pool". Particularly, if it was obtained after separation. However, it will need to be determined on a case by case basis. Further, this accident may affect your current and future income capacity. A lower income capacity might mean that your husband will need to pay a spousal maintenance. The compensation may be taken into account when calculating the amount of spousal maintenance and when/manner of payment.

    It is always best to reach a property settlement between yourselves. If you can't, you can apply to court for a property order. Note that there is a duty of full and frank disclosure when negotiating. As such, it is best to disclose the payout to your husband and explain why this should not contribute toward the property pool.

    Here are some resources on property settlements and orders:
    Best of luck Andrea!

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