VIC trial separation, one person paying everything, will this end in other having to pay money back?

Discussion in 'Family Law Forum' started by Veronica Frank, 9 June 2019.

  1. Veronica Frank

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    Hello, My niece is currently going through a trial separation, however has not put anything into place with centrelink etc yet. Her husband has moved out and is paying the mortgage and all of the bills and living expenses for her and 10 yr old child. She does not work.

    My question is if they do decide to legally separate/divorce, will she have to pay bank some of the money he has been paying for mortgage, bills, living expenses? Mortgage is in both names. Not sure about the bills.

    Luckily he is living with his mother and does not have to pay rent living expenses etc. She takes approx 300.00 per week out of his pay and she gets the rest.

    Despite being my niece, I think he has the sharp end of the stick here!

    Regards

    Veronica
     
  2. sammy01

    sammy01 Well-Known Member

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    In family law there is a concept called 'add backs'
    Every family law case is different. will she have to pay the $$ back? probably not.

    Yep, you're right his is getting the sharp end of the stick here. This situation wont last long. With a 10 yr old kid, the first question is why isn't she working? We're not in the 1950's anymore....

    She is gonna be very disappointed if she thinks he is gonna fund her life like he has while they were together.

    Is he a good fella? not a drug addict? not a twit?

    Marriage counselling, and realising the grass is not greener... She is gonna be disappointed if she thinks she can live the same lifestyle that he has provided without going to work.... I always suggest fixing marriages where ever possible. But if this heads south she is gonna find herself having to put a roof over her own head because that is what adults have to do...
    Blunt? yep... accurate? yep

    And if anyone gets on here and mentions spousal maintenance, I strongly encourage you to ignore that advice. She will only get spousal maintenance with a court order. If the child was 6mths old then she'd have a chance. If the child has a disability, then maybe... But a happy healthy 10 yr old kid does not need a mum at home when he/she is at school. Mum can go to work like the rest of us.

    Unless, she's married Brad Pitt? But I believe not. OR some other insanely rich dude....
     
  3. Tremaine

    Tremaine Well-Known Member

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    She won’t have to pay it back, but if they end up in court for a property settlement, it will be considered a financial contribution in his favour. Basically, the court determines a property settlement by asking 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 answer to each question will influence the property division - for example, if dad contributed more financially and has care of the kid, then he might get a 55/45 split; or if mum is disabled and has care of the kid, then she might get a 60/40 split.
     
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