Married at 57, she died mid-case, and her estate was awarded half

Ms and Mr Jensen were both 57 when they married in 1983. She had five adult children from her first marriage; they had no children together. They separated in May 2019, about 35 years later, after he broke his hip and moved into an aged care home while she stayed in their retirement village unit. She began property proceedings in December 2020 but died in 2021, aged 95, before they were decided. Her eldest son continued the case for her estate. Mr Jensen was 96 at the time of the decision.

A property case can continue after a party dies if the court would have made an order had they lived, and it is still appropriate to make one. Judge Turnbull found both tests met. The couple had stopped sharing their lives and property in 2019, and agreed partial orders already left him with $274,593, including his aged care room, against her estate's $108,000. The pool was $900,403, with $517,810 in joint funds left to divide.

Her estate asked for 90% on the basis that she had brought much more into the marriage and had received two pensions. He asked for 55%.

The judge noted that even a long marriage does not create a starting point of equal shares. The judge found she had brought in at least $195,055 and he at least $83,500. But four years into the marriage, he put $200,000 of retirement benefits into their joint account, and both contributed their incomes and pensions and both contributed as homemakers in different ways. An early contribution, the judge said, is only one of the many contributions made over a relationship. Weighing everything, the judge found their contributions equal.

There was no adjustment for his age or health, because there was no evidence of how they affected his finances, and he could comfortably support himself.

Each side was entitled to $450,201.59. From the joint funds, her estate was to receive $342,201.59, to be distributed under her will, and he was to receive $175,608.59.