When couples who met early in life separate in New Zealand, the starting point is usually simple: everything is split 50/50. That’s what the Property (Relationships) Act 1976 presumes — an equal division of relationship property. And in many cases, that’s all there is to it.
But sometimes, equality on paper doesn’t feel equal in practice. When one person’s income brings comfort and flexibility, and the other’s barely stretches to cover life’s surprises, lawyers start to ask a few more questions.
A 50/50 split might look fair, but it doesn’t always reflect how the relationship shaped each person’s financial future. One partner might have built a strong career, while the other took time out to care for children or support the household — choices that carry lasting financial effects.
That’s when you’ll hear a new phrase enter the conversation: economic disparity.
It’s the legal term for recognising that, even with an equal split, one person may walk away with a very different ability to earn, save, and live comfortably in the years ahead.
What’s an Economic Disparity Claim? 
Section 15 of the Property (Relationships) Act creates something called an Economic Disparity Claim. It recognises that even an equal 50/50 division of assets might not leave both people on equal footing in life.
If one partner stayed home with children, supported a business, or moved to follow the other’s job, those choices can have lifelong financial effects. One person’s income may grow, while the other’s opportunities shrink.
An Economic Disparity Claim lets the court adjust the property division to help offset that difference — aiming for fairness in outcome, not just fairness in numbers.
What Courts Consider
When someone brings an Economic Disparity Claim, the court doesn’t just look at who earns more today. It takes a deeper look at why the gap exists, how long it’s likely to last, and whether it can be reduced over time.
A key consideration is each person’s ability to earn. The court focuses on what someone can earn — not necessarily what they are earning right now. So, if one person chooses to work part-time or take a lower-paying role even though they have the capacity to earn more, that decision won’t usually strengthen their claim. The court looks at earning potential, not personal choices about income.
The court also considers how long the difference in earnings or living standards is likely to continue. If the gap is short-term and could be bridged through study, training, or returning to the workforce, the court may weigh that differently than a long-term disparity that’s unlikely to change.
Another factor is whether the relationship followed traditional roles — where one partner primarily earned income while the other took on unpaid work such as childcare or household management. In those cases, the court will generally presume the income gap was caused by the way the relationship operated.
However, that presumption isn’t automatic or unbreakable. If the difference in earning capacity comes from something outside the relationship — for example, a chronic illness or disability — the court may decide the gap wasn’t created by the relationship itself, and an adjustment might not be appropriate.
Ultimately, the court’s goal is fairness — not to punish or reward, but to recognise the economic consequences of how each person contributed to the relationship.
How much is a claim in economic disparity worth?
There’s no set formula for how much an Economic Disparity Claim is worth. The court has wide discretion, which means that what one judge sees as “fair” might look quite different to another. Each case turns on its own mix of factors — the size of the property pool, the difference in incomes, the length of the relationship, the age of any children, and how long that economic gap is likely to last.
Lawyers sometimes use mathematical models to estimate what fairness might look like. These can involve working out how much extra income one person earned (or will earn) over a certain number of years, and comparing that with the other partner’s likely position. Then, adjustments are made for the realities of life – inflation, the possibility that any earnings could stop.
In practice, awards vary widely. In some cases, a modest payment — perhaps $5,000 or $10,000 — is enough to acknowledge a short-term gap between modest incomes. In others, especially where one partner’s career and wealth have grown significantly while the other’s opportunities stalled, the difference can be much greater — sometimes $500,000 or more.
There’s no single “right” number. The goal isn’t to equalise incomes forever, but to recognise and correct the imbalance created by the way the relationship unfolded.
Why It Matters
Economic Disparity Claims often apply to long relationships, especially where one partner has been the primary caregiver. But they’re becoming increasingly relevant for modern families, blended households, and couples with uneven career paths.
At Clean Break, we see these claims as part of a bigger story: helping people rebuild stability and confidence after separation. Money may not heal heartbreak, but having your contribution recognised — including the invisible kind — can be deeply validating.
If You’re Wondering Whether It Applies to You 
You don’t need to know all the legal jargon. You just need to ask:
- Have our roles left one of us in a stronger financial position than the other?
- Did I make sacrifices that affected my career or long-term income? Did they?
- Is there a gap between our likely future living standards?
If you’re nodding “yes,” it’s worth getting advice early. Not every relationship qualifies, but it’s better to know your options before reaching a settlement.
Because fairness isn’t always a straight line down the middle — and you deserve to land on solid ground, not start your next chapter at a disadvantage.
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