exWife spent SMSF

[Daniel Day]

My marriage broke down in 2018 due to my wife having an affair. My wife was a Financial Planner and manage our financial affairs. She created a SMSF and had me roll over my superannuation from my retail fund to the SMSF. After separation, i found that the funds from the SMSF were gone. She told me she had a gambling problem and put the entire amount through the Poker Machines.
I reported the SMSF breach to the ATO and they advised me to report it to the police. The ATO have made its determination on the breach and has disqualified my estranged wife from being a trustee of a SMSF. The ATO is not enforcing the recuperation of the funds. I have followed up with the police on multiple occasions. The police have not questioned my estranged wife on the matter. I feel they are not going to proceed with any charges, what are my options to recoup my superannuation? The amount owing to me is Approximately $150K

 

[Rod]

Does she have any assets?

Been through family court?

 

[Daniel Day]

I'm not sure if she has any assets now in her name. She pleaded poor to the ATO so assuming not. I do know that her partner is wealthy and I would say they are keeping assets out of her name in case of litigation.

I have not been through the family court. Technically we are still married.