The court can also decide whether a greater share of the property should be given to the person who has the greater need in the future. It will look at matters such as:
- The age and health of both people - the ability of each person to support herself or himself in the future.
- Whether either person is supporting another person, such as a child.
- Whether a person is being supported by someone else, such as a new partner or parents.
If one parent has the sole responsibility for the children, claims may be made for a greater share of the matrimonial property. However if the other parent is paying child support a court is less likely to agree to an unequal division. As a guide, the court is likely to award more to one person where the other has access to greater financial resources. This is a complex area of law and legal advice should be sought.
