Over the course of a relationship or marriage, a party may accrue a significant long service leave entitlement. At the end of a relationship, the question should be asked whether or not both parties should be able to have the benefit of that entitlement.

The Court has dealt with the issue of long service leave in the family law context on various occasions.

In short, if one party to the relationship has “cashed in” their long service leave entitlements, and the cash or items obtained using those entitlements remain in existence, it is considered an asset of the marriage available to be dealt with between the parties.

By contrast, if one party has a long service leave entitlement that has been accrued, but not taken or cashed in, the Court may well approach the entitlement from the point of view of it being a financial resource when dividing assets between parties.

If you have any queries about the potential treatment of long service leave or other entitlements in your family law matter, please do not hesitate to contact Nicholes Family Lawyers on (03) 9670 4122.