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FAQ: What is taken into consideration when dividing finances during divorce?

The court will take into account a range of factors when considering how to best divide your finances between you and your partner, these include:

  • Children – if you have children, their welfare is treated as a priority, from their financial needs to any other aspects that could play a part in their wellbeing and their day to day life;
  • The respective financial circumstances of you and your partner and needs you may have;
  • How long you have been married and the respective ages of both parties;
  • Whether or not either party has health issues, also any health issues that may affect your children;
  • The standard of living you had during the marriage – this helps keep a fair allocation of finances;
  • The earnings of both parties, and the potential earning ability of each party in the coming years;
  • Financial and non-financial contributions. Non-financial contributions include childcare and housekeeping.


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