any physical or mental disability of either of the parties to the marriage.the age of each party to the marriage and the duration of the marriage.the standard of living enjoyed by the family before the breakdown of the marriage.the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire.
Also, when assessing ‘needs’ it is important to consider:
Consideration should be given to any child of the family who has not attained the age of 18 but of course there can be children beyond the age of 18 that are still in some way dependent upon their parents. What is a ‘reasonable’ and ‘fair’ need will need to be determined. Of course the word “need” is quite far-reaching and quite easy for either party in a marriage to assert or rely upon. Sometimes the family home has to be dealt with “unequally” but most importantly this is often because of the parties’ (and indeed any dependent children’s) respective needs and how they need to be addressed now and in the future. We are commonly asked, if there is a family home, should it simply not, in a divorce, be shared equally? The reality is that it is not always possible to divide the family home equally and there may be many good reasons why this should not happen.
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