Forty years, one modest home, and a 52/48 split for the older husband

Mr and Ms Halsell married in 1982 and lived together for about 40 years. They raised four children, now adults. He brought a half share in a house into the marriage and, for many years, supported the family through a series of businesses, while she was the main homemaker and parent. In 2011 he was declared bankrupt.

Their family home was sold in 2015 and the proceeds bought another house outright, in her name, for $540,000. She later borrowed to build a granny flat on it, rented the flat out and had the loan paid off by early 2023. He moved out in early 2022. By trial the pool was about $982,500, almost all of it the house, valued at $900,000, plus her savings, a car and about $23,000 in super.

He asked for 60%. She first said there should be no adjustment at all, then asked for 72.5%.

Judge Obradovic took a broad-brush approach to the 40 years. His initial property and his income made their homes possible; she cared for the family, and after his bankruptcy her careful management paid off the loan on the last one. The judge said they each worked hard, built a home together and raised their children together, and found their contributions equal.

Looking ahead, he was in his late seventies, living on an aged pension of $500 a week, with no capacity to earn. She was 66, still working and earning $1,355 a week, with super that would keep growing. The judge made a 2% adjustment in his favour for future needs.

The final split was 52% to him, about $510,900, and 48% to her, about $471,600. The house was to be sold for not less than $900,000 unless they agreed otherwise, with the proceeds divided to give effect to that split, and she was to pay him $42,475.45 from her savings.