QLD Separation advice needed - how to deal with a financially reckless wife

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TheWal075

Member
11 December 2022
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0
1
QLD
Been married for 20 years, with 2 kids and am at the end of my tether with my wife and am considering leaving / separating.

Wife has a history of poor financial behaviour - nil savings, investments and basically just spent every cent with not much to show for it. As a result of this I have always managed finances and made sound financial decisions throughout the time we have been together. She works part time and has no outgoings as I pay all bills and mortgage.

We own our house and have substantial equity, with an average mortgage size, have a modest amount of cash in a joint savings account and have no other debts.

For some time, my wife has been taking money from her elderly mother, which over the years has amounted to a sizeable amount. Mothers power of attorney found out about her little secret and demanded that she pay it back which she did from our joint savings. This has infuriated me however I suppose at law, it is her money too, so not able to stop it, however, it is the catalyst for the pending separation.

My question is - If I decide to separate, which looks like I will, when it comes to division of assets, will the amount that she paid back her family be looked upon as a reckless debt, which she wears, and give me more leverage to negotiate a better outcome, considering I am now out of pocket due to her dishonest and deceitful behaviour. I'm trying to keep things respectable for the sake of my kids, however, by the same token,I want to limit her ability to fleece me when it comes to property settlements, which, I no doubt she will do.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
So everything in marriage is seen like you're the one person (kinda - nothing is definate in family law)... But the basic principle applies. Her debt is your debt... So you're stuffed on that one.
My advice - as soon as you decide to separate - however that is going to look, you start protecting your savings. So when I went through this we had about $20 000 savings. I transferred all of it to my account. I knew I would not blow it and I knew IF i didn't move the $$ into my account, she would move it into her account and that then it would disappear.

Asset division is assested at the time you make an agreeement, not the time of separation.