SA Ex Wife Entitlements Until Divorce?

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Peter Tiede

3 September 2014
My wife walked out on 15/11/13. Is she entitled to half my pay until divorce goes through in 12 months time? Thank you.

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Peter,

Division of property issues are very complicated and very much dependent on the individual case. There are many factors at play.

However, your income during the period of separation may form part of the shared pool to be divided. Therefore, you should keep an account of how much you are earning, when you receive the pay cheques, and what expenses these cheques are are going towards (mortgage, housekeeping, rates, amenities, dependents etc.)

There are quite a few LawAnswers threads already that look at property division in separation/divorce situations. Some of them include these Family Law Forum threads:

- "Property valuation after separation and divorce"
- "When is my wage mine"
- "De facto - Property issues" (for the links)

What you can do in the meantime, if you want some certainty, is enter into a property settlement agreement with your ex partner and have this turned into a consent order. You should do this as soon as possible. In general, courts will not intervene with agreements that parties agree to, unless it is unfair to third parties. When you divorce, this agreement will be the basis of property/asset division. Otherwise, the default position is that (almost) everything up until divorce and court order falls into the "shared pool" of assets.

Iain Clark

8 September 2014
My wife walked out on 15/11/13. Is she entitled to half my pay until divorce goes through in 12 months time? Thank you.
Dear Friend, I'm not sure of your personal situation but I had to cancel my wife's access to joint bank accounts because she was fleecing it in the immediate period post separation. If you're nearly a year on and this is becoming an issue only now your ex must be a lot saner than mine. Depending on your wife's capacity to earn an income she may be entitled to a spousal maintenance payment when you finalise settlement but you're quite within your rights to cancel her access to your bank account, especially if you have liabilities which you still need to meet to keep yourself afloat. No doubt your wife is working too or earning an income of some description through Family Assistance and Child Support payments, which you may or may not be contributing to. Hope this helps somewhat.