Can Contributions to a Stepchild Affect Your Property Settlement?

Cherokee & Cherokee [2025] FedCFamC1A 191

The Issue

In many blended families, one partner takes on a significant financial role in raising the other’s children from a prior relationship. That might mean years of paying for school fees, extracurricular activities, medical expenses, clothing, holidays, and day-to-day living costs — often without a second thought.

When the relationship breaks down and property needs to be divided, an obvious question arises: do those contributions count?

Before the June 2025 amendments to the Family Law Act, courts relied on a well-established principle from Robb & Robb to factor in those contributions through a broad discretionary provision. When that provision was replaced by the new property settlement framework, there was uncertainty about whether the principle still applied.

What the Court Decided

In Cherokee & Cherokee, the Full Court confirmed that money and effort spent raising a partner’s children from a previous relationship can still be taken into account in a property settlement under the new law, but there remains a question about how past circumstances can be reflected under the new current and future circumstances provision (the old section 75(2) factors, which are now covered under section 79 (5)).

The reasoning is practical: if you spent significant money supporting your partner’s children over the course of the relationship, that expenditure has a real and measurable impact on your financial position today. You may have less savings, less superannuation, or fewer assets than you otherwise would. The court can consider that when deciding what is fair.

Importantly, the court reached this conclusion by looking at the new provisions as a whole. Several parts of the updated framework clearly look backwards — for example, provisions dealing with the wastage of assets or contributions to a partner’s earning capacity. Reading the law purposively, Christie J held that the same retrospective lens applies to contributions made to a partner’s children.

What This Means for You

If you financially supported your partner’s children during your relationship, those contributions have not been erased by the 2025 reforms. They remain relevant to how property is divided.

The key is documentation. If this applies to you, start gathering evidence of what you contributed and when — bank statements, receipts, school fee invoices, and anything else that shows the financial support you provided.

To discuss how Cherokee & Cherokee may apply to your situation, reach out to Gannon Family Law.

This article is general information only and is not legal advice. Every case turns on its own facts. Contact our office for a confidential consultation.