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2. Family law matters

2.19. Significant financial benefit

What is a Significant Financial Benefit?

When assessing what amounts to a significant financial benefit under the exceptional circumstances tests in Family Law Policy 5.6: settlement after separation, the following rules apply:

  • If the total amount recovered is $52,000 or less, it will not be considered a significant financial benefit. In calculating the contribution to legal costs, Legal Aid NSW will not take into account any money recovered up to $52,000.
  • If the total amount recovered is over $52,100 and less than $80,000, a s46 contribution will apply for any amount that exceeds $52,100 and up to $80,000. The contribution amount is to be calculated in accordance with Contributions Policy 11.3.5 and Contributions Guidelines 5.5.3.
  • An amount over $80,100 is considered a significant financial benefit.

Note: Total amount recovered does not include any deferred benefit, for example, superannuation.

Note: Where Legal Aid NSW is satisfied there are exceptional circumstances, the Director Grants or Director Family Law may extend eligibility under this policy to applicants who are likely to receive an amount over the significant financial benefit threshold, up to $150,000.

Date last published: 15/11/2019