WA Superannuation Split from a Divorce Settlement

[Peter Riches]

Hello, I have been separated for 12 months from my wife of 9 years (together 10) We have no children, I have health issues that will shorten my working life and am older by 6 years.
My wife did not work for 2 years after the loss of our daughter at 4 days. She contributed more to the deposit of our home but I contributed more during the marriage so fairly equal.
Before the termination of our marriage my wife informed me that she had worked long enough and was going to quit. She is a well respected and qualified medical scientist and 43 Years old. I informed her that the marriage was terminal and that I was leaving and that she should maintain her job. She told me that she would make me pay and that she did not want to work and quit.
I left and continued to pay the mortgage for 9 months. She has drawn $23K against the mortgage and wants a 61% split of all assets including $200K of my super. Is this possible?
I am currently residing in a unit which has zero equity as I had it prior to marriage. I left my first partner and 2 children with a fully paid off home and car plus child support.
She also wants spousal support if she cannot find work and cannot remortgage the home.
Advice greatly appreciated

 

[Rod]

Get a lawyer asap else you may find 'your property' shrinking over time. The $23K redraw is a concern and it may be hard to get it back.

I note you've had a long marriage (in court terms) and no kids. The big unknown is what each of you brought into the marriage but if it was roughly equal, then 61% of everything seems unreasonable.

Hard to comment about spousal maintenance except to say it may be awarded, but much depends on detail not appropriate for listing in a forum.

You need a lawyer and to initiate court division of property sooner rather than later.