Acerra & Calvi [2024] FedCFamC2F 110

Acerra & Calvi [2024] FedCFamC2F 110 (2 February 2024)

Background Details

• Applicant: Ms Acerra
• Respondent: Mr Calvi
• De facto relationship
• Duration: Approximately 30 years. Relationship commenced around 1990 and ended in June 2020.
• Ages: Applicant (Wife) – unspecified, Respondent (Husband) - 61 years at the time of judgment.

Children

• Children from Relationship: Two adult children.
• Special Needs: The youngest child, aged 19, is considered "high needs" due to mental health issues, has lived with the wife post-separation, and receives financial support from the husband.

Initial Financial Positions

• Neither party made initial financial contributions at the commencement of the relationship.

Contributions During the Relationship

• Financial Contributions:

  • Husband was the primary income earner throughout the relationship.
  • The husband received a $600,000 testamentary trust in 2011 and an inheritance in 2018, which benefited mostly the family.

• Non-financial Contributions:

  • Wife was the primary caregiver for the children, managing homemaking and childcare responsibilities.

Post-Separation Contributions and Actions

• Financial Contributions:

  • The Husband financially supported the youngest child by paying $650 per fortnight.

• Non-financial Contributions:

  • The Wife has continued providing emotional support and care for the youngest child.

Current Financial Position & Property Pool

• Income:

  • Husband: Approximately $80,000 per annum.

• Assets & Debts:

  • Testamentary trust valued at $700,055 controlled by the Husband.
  • Properties located at B Street, Suburb C, Tasmania and D Street, Town E, Tasmania to be sold and proceeds divided.
  • Husband has no debts, owns a third interest in a property at Town P.

• Superannuation:

  • Husband's superannuation is partially allocated to Wife with a specified base amount of $121,484.

Assessment of Contributions and Future Needs

• Contributions:

  • Testimonial trust contribution is solely attributed to the Husband. Investments and property enhancements were made via Husband's inheritance funds.
  • There is no adjustment for non-financial contributions towards the youngest child since post-separation supports from both parties are balanced.

• Future Needs Adjustments:

  • A 4% adjustment more favorable to the Wife due to her lower earning capacity and the disparity in future earning potential.

• Final Division: Non-superannuation assets: 54% to Husband and 46% to Wife.

Unique Aspects

• The testamentary trust established in 2011 was a key asset that the court decided was under the Husband's complete control, impacting asset division heavily.
• The youngest child's mental health needs highlighted continuous support requirements, influencing post-separation contributions.
• Complexities included debate over the testamentary trust's contributions and the delineation of post-separation payments meant for child support or property settlements.

Main Takeaways

The case extensively delved into trust-related contributions and disparities in earning capacities. It outlined a fair division in favor of the wife based on her significant non-financial contributions and the husband's substantial financial inheritances.