Future needs

Future needs

In a family law context, the continuing or future needs of each party are relevant to property settlement under section 79(4)(e) of the Family Law Act and to issues of maintenance under section 75(2). These sections incorporate considerations of:

  • the parties ages and health;
  • the income, property, financial resources and earning capacity of each of the parties;
  • care of children;
  • commitments necessary for the support of each party, children or other persons;
  • social security entitlements (disregarded for consideration about maintenance);
  • living standards;
  • education or training issues;
  • potential effects on creditors;
  • duration of the marriage;
  • parenting roles;
  • financial circumstance relating to cohabitation (with a third party);
  • child support;
  • the terms of any relevant financial agreement; and/or
  • any other circumstance the court thinks justice requires be taken into account.