Family Law & Divorce

Future Needs

Also known as: section 75(2) factors, future needs factors

In plain English

The things a court looks at about each partner's future situation—like age, health, income and care of children—to adjust a property split fairly.

What it means

Future needs are the forward-looking factors a court considers when dividing property under the Family Law Act 1975 (Cth) (often called the section 75(2) factors, with an equivalent provision for de facto couples). They include each party's age, health, income and earning capacity, the care of children, and the financial resources available to each. After assessing contributions, the court considers future needs and may adjust the division in favour of the person with greater needs, for example a parent who will mainly care for young children or someone with reduced earning capacity.

How it's used

Because she would care for the young children and earned less, the court made an adjustment for her future needs.

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