After separation, most people want to know what they are entitled to. The honest answer is that entitlement depends on the facts, not a fixed percentage or a simple rule.
The quick answer is that you may have rights to a property settlement, superannuation splitting, spousal maintenance, parenting arrangements and child support. What you receive depends on the asset pool, contributions, current and future circumstances, care of children, safety issues and whether the outcome is just and equitable.
Separation is not the same as divorce
Separation is the end of the relationship. Divorce is the legal end of a marriage. You can resolve property, parenting and financial matters before you are divorced.
For married couples, divorce can start a time limit. Property settlement and spousal maintenance applications generally need to be filed within 12 months after a divorce order takes effect, unless leave is granted.
For de facto couples, different time limits apply. A property or maintenance application usually needs to be filed within two years after separation, unless leave is granted.
Our article on separation and divorce differences explains why this distinction matters.
Property settlement
Property settlement is the process of dividing assets, liabilities and financial resources after separation. It is not limited to real estate. It can include bank accounts, vehicles, shares, businesses, trusts, cryptocurrency, personal property, debts, tax liabilities and superannuation.
The Court does not start at 50/50. Under the Family Law Act 1975 (Cth), the Court must consider whether it is just and equitable to make an order, then assess the property pool, contributions and current and future circumstances.
From 10 June 2025, family violence and its economic effect are expressly relevant where they affect contributions or current and future circumstances. Economic or financial abuse may also be family violence.
Our property settlement service explains how we help clients identify the pool, assess risk and plan the next step.
Contributions
Contributions can be financial and non-financial. They may include income, inheritances, gifts, mortgage payments, renovations, business work, homemaking, parenting and unpaid work that supported the family.
The Court can also consider the effect of family violence on a person’s ability to contribute. For example, family violence may have affected a person’s ability to work, study, manage money, build superannuation or contribute to the welfare of the family.
Good evidence can include bank records, payslips, tax returns, business records, loan documents, mortgage statements, renovation records, inheritance documents and records of care responsibilities.
Disclosure and hidden assets
You cannot work out entitlement properly without disclosure. Each party is expected to provide full and frank disclosure of relevant financial information.
Disclosure may include tax returns, bank statements, superannuation information, payslips, company records, trust documents, loan statements, credit card statements and documents showing the value of assets.
If you suspect assets are being hidden, do not guess your way through settlement. Get advice about disclosure, subpoenas, valuations and whether urgent steps are needed to stop property being sold, transferred or borrowed against.
Current and future circumstances
The Court also considers current and future circumstances. These may include age, health, income, earning capacity, care of children, housing needs, financial resources, liabilities and the economic effect of family violence where relevant.
This is where a financially stronger party may not simply keep more because they earned more. The Court looks at the whole picture, including future needs and the practical effect of the proposed division.
Housing for children can be important. So can a person’s ability to recover financially after separation.
Superannuation
Superannuation is usually treated as property for family law purposes. It can be split by agreement or court order, although it is different from money in a bank account because it generally remains subject to superannuation rules.
Sometimes superannuation is split. Sometimes one party keeps more superannuation and the other receives more of another asset. The right approach depends on values, ages, retirement planning, cash needs and the rest of the pool.
Spousal maintenance
Spousal maintenance is separate from property settlement. It may be relevant where one party cannot adequately support themselves and the other has capacity to assist.
It is not automatic. The Court considers need, capacity and relevant circumstances. From 10 June 2025, the economic effect of family violence can also be considered where relevant to maintenance.
Spousal maintenance can be urgent, short term or part of final arrangements. It needs evidence of income, expenses, health, work capacity and financial resources.
Children and parenting arrangements
Separation can also create parenting issues. Parenting arrangements are decided according to the child’s best interests, with safety central to the current law.
Children do not determine the property split by themselves, but care arrangements can affect future needs, housing, income capacity and child support.
If parenting is unresolved, get advice before making financial decisions that assume a particular care arrangement.
What to do in the first month
Early decisions can affect the outcome. Start by gathering documents, checking account access, recording important dates, protecting passwords and making a list of assets and debts.
Avoid large transfers, informal cash settlements or signing refinance documents before receiving advice. If there is family violence, financial control or urgent risk to property, the first step may be safety and asset protection rather than negotiation.
If the family home is involved, get advice before moving out solely because you feel pressured. Moving out may be sensible in some cases, especially for safety, but it should be understood before it becomes permanent.
Agreements must be formalised properly
An informal agreement may feel settled, but it can leave both parties exposed. Property settlement can usually be formalised through consent orders or a binding financial agreement. The right option depends on the circumstances.
Do not transfer property, refinance, pay large sums, withdraw superannuation information or sign documents without advice. A quick agreement can become expensive if it is incomplete or not legally binding.
When spousal maintenance and property overlap
Property settlement and spousal maintenance are separate, but they often affect each other. A person who needs immediate support may also be negotiating final property division.
Sometimes urgent maintenance is needed before property settlement is finalised. Sometimes the final property division is structured to reduce future support issues. The right approach depends on income, expenses, care of children, health and access to money.
The next step
The most useful starting point is not a percentage. It is a clear list of assets, debts, income, contributions, future needs and urgent risks.