Future needs

The final consideration when dividing property is to assess the future needs of the parties. This is done after the relative contributions of the spouses have been assessed.

In determining future need, the court will take into account a range of factors including:

• age of the spouses

• health

• income earning capacity

• the property of each spouse

• whether the spouse has the care or support of children

• the financial circumstances of any new relationship.


Where one spouse has considerable future need, he or she may be awarded a greater portion of the property than would have been awarded if only contributions were taken into account.