Podcasts · The Divorce Course Podcast
Health and Divorce: How Illness May Affect Property Settlement Percentage
· 44 min · Episode 311
Episode Health and Divorce: How Illness May Affect Property Settlement Percentage
🎧 Listen to this episode if:
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You or your ex has a serious illness or disability
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You've been a carer during the relationship
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You have ongoing medical expenses
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You're worried about future financial support after separation
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You want to understand how courts assess health in property settlement
⚖️ Legal Disclaimer
This podcast is for educational purposes only and provides general information about Australian family law. It is not legal advice. Every situation is different, and you should seek independent professional guidance for your circumstances.
What happens in a property settlement when serious illness is part of the story?
In this episode, Mum (a family law specialist and family lawyer) and I unpack one of the most emotional and often misunderstood areas of family law: how health issues, illness, and medical needs may impact your property settlement percentage.
Because when you're going through separation, you're not just dividing assets… You're also dealing with uncertainty, fear, ongoing treatment, and the reality of what life will look like moving forward.
We talk about what happens if:
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you cared for a sick partner for years
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you are the one who is unwell
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there are ongoing medical expenses
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or even if someone has a life-limiting illness
We break down how the court looks at contributions vs future needs, why simply saying "I'm unwell" isn't enough, and how these factors can actually shift the percentages in your property settlement.
If illness has played a role in your relationship on either side this episode will help you understand how the law approaches it, and what it might mean for you.
⏱️ Episode Timeline - Health and Divorce: How Illness May Affect Property Settlement Percentage
00:00 – Illness and Divorce: How Health Impacts Property Settlement
00:22 – Why Health Changes Everything in Divorce Outcomes
01:32 – Meet the Hosts & Divorce Episode Overview
01:57 – Real Story: Endometriosis and Divorce Costs
03:07 – Divorce Property Settlement Explained (Step-by-Step)
04:38 – Caring for a Sick Partner in Divorce: Does It Count?
07:43 – What If You're the Sick Partner in Divorce?
09:46 – Divorce and Spousal Maintenance: Your Options
11:37 – Life Expectancy & Divorce Future Needs Explained
15:47 – Medical Expenses, Kids & Divorce (NDIS Explained)
19:12 – Proving Medical Needs in Divorce Settlements
21:00 – Short-Term vs Long-Term Illness in Divorce
21:41 – Temporary vs Chronic Illness in Divorce Cases
23:34 – Open-Ended Spousal Maintenance in Divorce
24:46 – Remission, Recovery & Divorce Medical Evidence
27:43 – How to Prove Illness in Divorce Court
30:18 – Divorce Surveillance, Fraud Claims & Mental Health
32:48 – When Both Parties Are Sick in Divorce
33:34 – Financial Obligations After Divorce Separation
35:19 – Divorce Agreements: Risks You Need to Know
37:20 – Rapid Fire Divorce Questions About Illness
39:07 – Divorce Mediation Tips When Illness Is Involved
40:46 – The Emotional Reality of Illness in Divorce
42:15 – Final Thoughts: Advocating for Yourself in Divorce
🎧 Episodes Mentioned in This Episode
1️⃣ Consent Orders vs Binding Financial Agreements - https://open.spotify.com/episode/5qgGhdAl5UaOo7LHb2Yf5Y?si=OFf8umvVQ7KAbzntw6AnVg
2️⃣ The Divorce Course (Program / Course Reference) www.thedivorcecourse.com.au
⚠️ Family Violence & Sensitive Content
This episode discusses illness, vulnerability, and complex family dynamics, which may be distressing for some listeners.
If you need support in Australia: 📞 1800 RESPECT – 1800 737 732 📞 Lifeline – 13 11 14 🚨 In an emergency, call 000
⚖️ Legal Disclaimer
This podcast is for educational purposes only and provides general information about Australian family law. It is not legal advice. Every situation is different, and you should seek independent professional guidance for your circumstances.
If this episode helped you better understand how health can impact your divorce, please make sure to follow,…
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