Assessing contributions in family law matters

Assessing contributions in family law is a key step in determining the division of property following a family law separation. Contributions go beyond ‘who earned the most money’ during the relationship and include non-financial efforts, and parenting and domestic roles at different stages of the relationship.

If you are facing a property settlement, understanding how contributions are identified and weighed by the Federal Circuit and Family Court can help parties (meaning both people involved in the relationship) form realistic expectations and make informed decisions in negotiations or litigation. This article explains what contributions are, how they are assessed, and how the Court approaches this process in practice.

What are contributions during a relationship?

Under the Family Law Act 1975 (Cth), the Court must consider the contributions made by each party when determining a just and equitable property settlement. These contributions are broadly categorised as follows:

Financial contributions – s 79(4)(a) (married) or s 90SM(4)(a) (de facto)

Financial contributions include money paid by either party to acquire, maintain, or improve assets, such as savings brought into the relationship, income earned during the relationship, inheritances, gifts, or any other capital contribution. Financial contributions may be direct (such as using income to pay the mortgage) or indirect (such as one party using their income to purchase groceries while the other party’s income is used to pay the mortgage).

Contributions made at the start of the relationship and post-separation will also be relevant.

Non-financial contributions – s 79(4)(b) or 90SM(4)(b)

Non-financial contributions refer to efforts that do not involve money but nevertheless add value to the asset pool. This may include unpaid labour such as renovations, managing investments, maintaining property or vehicles, or unpaid work in a business owned by one or either of the parties.

Contributions to the welfare of the family – s 79(4)(c) or 90SM(4)(c)

Contributions to the welfare of the family include contributions as homemaker and/or parent. Caring for children, managing the household, and supporting the other party’s capacity to earn income are recognised as important contributions, regardless of whether one party was the primary income earner.

Effect of family violence on the ability of a party to make contributions – s 79(4)(ca) or 90SM(4)(ca)

Where family violence has made a party’s contributions significantly more difficult or impaired their capacity to contribute, this may be relevant to the overall assessment. Family violence can significantly undermine a party’s ability to make both financial and non-

financial contributions, including through restricting access to employment, controlling finances, or increasing the burden of homemaking and parenting responsibilities. Evidence of family violence is a relevant consideration in evaluating the nature and extent of a party’s contributions over the course of the relationship.

How are contributions assessed in family law matters?

Once the Court has identified the types of contributions made by each party, the Court will then assess how much weight will be attributed to them.

The Court does not apply a mathematical formula when assessing contributions. Instead, it takes a holistic view of the relationship, examining contributions across the entire period, including initial, during, and post-separation contributions. The weight given to particular contributions will depend on the circumstances of each case, such as the length of the relationship, the roles adopted by each party, and the nature of the asset pool.

In a long relationship where both parties have worked together and built-up assets through joint efforts, such as the family home, the Court will often treat their contributions as equal. This can apply even when ones party’s main role was caring for the home and family rather than earning an income.

Real life case concerning the assessment of contributions in a Family Law matter

Ripley & Ripley [2025] FedCFamC1A 227

Ripley & Ripley [2025] is a recent appeal decided by the Federal Circuit and Family Court of Australia (Division 1) (on 11 December 2025).

The case involved an appeal from a discretionary determination of financial orders made by a judge of the Federal Circuit and Family Court (Division 2).

The facts of the case are such that the parties commenced cohabitation in 2009, married in 2012 and separated in 2021. There were three children of the relationship aged 15, 11 and 7 years old at the time of the initial hearing. The primary judge identified that the parties’ net property for division totalled just over $1.5 million.

The primary judge found that until separation, all types of contributions made by the parties were equal.

The primary judge found that post separation, the respondent contributed $490,000, being monies he received from his mother. The primary judge went on to assess that the respondent made contributions to the date of hearing equating to 70% of the nett value of assets and superannuation.

The primary judge then went on to assess the entitlements of the parties under s 79(5) of the Family Law Act 1975 (being an assessment of current and future circumstances); observing that while both parties had care of a child or children of the relationship, the appellant had the care of the youngest child who would require support for longer, and the earning capacity of the parties were similar, albeit that the respondent would likely earn at

a higher rate. The primary judge made an adjustment of 3% in favour of the appellant leading to an overall division of the parties’ assets as to 67% to the respondent and 33% to the appellant.

On appeal, Justice Schonell determined that the primary judge’s assessment of contributions amounted to an error.

Justice Schonell referred to case authorities with respect to assessing contributions:

The assessment of contributions in a property case calls for the exercise of discretion through a holistic value judgment of the respective contributions of the parties. The Court is required to consider all the contributions of the parties, as the Full Court in Dickons v Dickons (2012) 50 Fam LR 244 makes plain:

Judge Schonell noted that in circumstances where the pool of assets for division totalled $1,564,159, a 70% division in favour of the respondent in dollar terms saw him holding property totalling $1,094,911. This meant the respondent would hold $625,663 more than the appellant simply because of his post-separation contribution of a sum substantially less than that.

His Honour found that when evaluating the dollar effect of the contribution finding demonstrated the primary judge’s orders fell outside the “generous ambit within which reasonable disagreement is possible”.

In re-exercising the Court’s discretion, Justice Schonell found that there should be a contribution-based assessment in favour of the respondent of 58 per cent. His Honour went on to find that there should be a 3% adjustment in favour of the appellant as the respondent was likely to have a greater future earning capacity than the appellant, the child in the appellant’s care is younger than the child in the respondent’s care, and the respondent had a financial resource represented by the benefit of indefinite rent-free occupation of a home owned by his mother.

Ultimately, it was held that a just and equitable division of the parties’ assets would see the property of the parties divided in the proportions as to 55% to the respondent and 45% to the appellant.

Closing

Assessing contributions in Family Law matters is a nuanced exercise and no two cases will be the same. As was seen in the case of Ripley & Ripley1, judicial discretion will often vary. Financial input is only one part of the picture, and the Court places significant weight on non-financial efforts, and contributions to the overall welfare of the family, including parenting contributions.

If you are navigating a property settlement, obtaining tailored legal advice early can help you understand how your contributions may be assessed and assist you in achieving a fair and equitable outcome. Contact our Family Law team today.