Traditionally, a “family” has consisted of a “bread winner” and a “homemaker”. Think Jacinda as the breadwinner and Clark as the homemaker.
Where couples separate, the breadwinner is often close to their full earning potential, while the homemaker is at a disadvantage because he/she has been looking after the family and not his/her career.
Economic Disparity
Over the years since the Property (Relationships) Act has been in place, there have only been 100 cases come before the courts on this issue of economic disparity and only 40% of them were successful.
It now seems that the Supreme Court has tried to give economic disparity arguments a boost. In a recent decision (Scott v Williams) the Supreme Court held that where;
1. There is a long-term relationship; and
2.There has been a traditional split of roles into breadwinner and homemaker; and
3.There is a significant disparity of income between breadwinner and homemaker;
an economic disparity claim is presumed, and compensation can be awarded.
If you have recently separated and want to know more or if you are at the start of a relationship and want to protect yourself, please call Scott Young on 03-4500000 or scott@queenstownlaw.co.nz