MOLLER & MOLLER

In the matter of *Moller & Moller*, Foster J considered applications for property adjustment and spousal maintenance. The dispute concerned the division of the parties' assets and the wife's claim for financial support from the husband.

The court was required to determine how the parties' property pool should be apportioned, taking into account the length of the marriage, the husband's role as the primary income earner, and the wife's substantial absence from the workforce as the primary carer for the parties' children. Additionally, the court had to consider the wife's application for spousal maintenance, assessing her inability to support herself adequately, her reasonable needs, and the husband's capacity to pay.

Foster J reasoned that, in the context of a longer marriage where the wife had been the primary caregiver and the husband the main income earner, a significant adjustment in favour of the wife was warranted. The court applied principles of property adjustment under the *Family Law Act 1975* (Cth), considering the relevant section 75(2) factors. For spousal maintenance, the court found the wife unable to support herself and the husband capable of paying, applying the principles governing such applications.

The court ordered that the former matrimonial home be sold, with the net proceeds to be divided 70 per cent to the wife and 30 per cent to the husband, with an additional sum of $149,315.00 to be paid to the wife. The husband was also ordered to pay spousal maintenance of $1,000.00 per week for a period of 156 weeks. Furthermore, the court made orders for the allocation of a base amount from the husband's superannuation interest to the wife.