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If I earn money after separation does my partner get a share?

The Family Court must identify and take into account all property owned or controlled by both spouses, whether it was acquired before, during or after your relationship or marriage. This includes income earned and saved after separation.

It is possible that you earned income after separation without any contribution or help from the other party. However, it may be possible for the other party to argue that he/she made direct or indirect contributions to your earning capacity because he/she gave up his/her career to care for your children and maintain the home, etc, which enabled you to develop your career or business.

The Court may take into account all of these and other factors when deciding how to treat income and savings earned after separation. It can be beneficial to obtain early legal advice in relation to this issue.

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