QLD Property Settlement - Include Assets at the Time of Separation?

[K163]

Hi all,

I'm wondering whether when a property settlement goes to family court, do they look at the assets at the time of separation or the assets when the claim is filed?

Also, can someone claim against the assets of their ex-partner's new spouse?

Thanks in advance

 

[Sophea]

Hi K163,

Usually, they will determine the joint asset pool as at the time of separation but in some cases income and assets acquired after separation may be included - such as where it arises from a joint business venture or something. It's determined on a case by case basis. But no, you can't claim against your ex's new spouse's assets. However, it may impact the court's assessment of their future financial needs.

 

[AllForHer]

Assets in which you have a joint interest are considered in a property settlement. Unless you had an interest in the funds that were contributed by your former spouse to their new spouse's assets, you won't be able to claim an interest in them.