What am I entitled to in a separation?

Separations can be an emotionally challenging time and it is natural to wonder what you are entitled to as you navigate this new chapter. Whether you are separating from a marriage or a de facto relationship, your entitlement will depend on a number of factors. This includes your financial and non-financial contributions, parenting responsibilities and the length of the relationship.

When it comes to dividing assets and debts, the Family Law Act 1975 applies to both married and de facto couples. Property does not need to be split 50/50. It is about what is fair based on the circumstances of the relationship. The court considers:

• The assets and liabilities of both parties (this includes property, vehicles, savings, businesses and even debts).
• Each party’s financial and non-financial contributions (such as homemaking or caring for children).
• Future needs, such as age, income, health, and care of children.
• Whether the final division is “just and equitable.”

Spousal maintenance refers to financial support paid by one party to the other after separation. This is not automatic, the receiving party must show they are unable to support themselves, and the paying party must have the capacity to pay.

This may apply in situations where:

• One person gave up their career to raise children.
• There's a significant difference in income or earning capacity.
• A person has health issues impacting their ability to work.

If you have children, you’ll need to work out:

• Parenting arrangements: Who the children live with and how much time they spend with each parent. The court’s focus is always on the best interests of the child.
• Child support: This is usually assessed and managed by Services Australia (Child Support Agency) based on factors like each parent’s income, the number of children, and time spent with each parent.

Superannuation is treated as property under family law and can be split during a settlement, even though it is not yet accessible as cash. This is often overlooked but can be a significant part of a financial agreement, especially in long-term relationships.

Options include:

• A formal superannuation splitting order.
• A superannuation agreement (as part of a binding financial agreement).

Every separation is different, and what you’re entitled to will depend on your individual circumstances. It’s important to get legal advice early to understand your rights, protect your interests, and reach a fair outcome, especially when children or significant assets are involved.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.