What Are You Entitled To After Separation in Australia?

One of the first questions people ask after separating is, what am I actually entitled to? It is an understandable question, and the answer is usually more nuanced than people expect. Many assume the law starts at a simple 50/50 split. It does not. This article explains, in plain terms, how property settlement actually works in Australia, including the changes that began on 10 June 2025.

This is general information only and is not legal or financial advice. Every situation is different, and a formal settlement should be put in place with independent legal advice.

There is no automatic 50/50 split

The idea that assets are simply divided down the middle is one of the most common misunderstandings in Australian family law. There is no rule or presumption that property is shared equally. A 50/50 division is a possible outcome, but it is not the starting point.

Instead, the law asks what is 'just and equitable', meaning fair, in your particular circumstances. The same approach applies whether a settlement is decided by a court, agreed through lawyers or mediation, or worked out between the two of you. A final division might land at 55/45, 60/40, 70/30 or anywhere else, depending on the facts.

What changed on 10 June 2025

The Family Law Amendment Act 2024 introduced significant changes that took effect on 10 June 2025. The long-standing approach the courts had developed over many years is now written directly into the Family Law Act 1975, mainly in sections 79 (for married couples) and 90SM (for de facto couples).

The headline changes are:

• The factors a decision-maker weighs up are now set out clearly in the legislation, rather than relying only on past cases.
• The economic effect of family violence is now a matter that must be considered, where relevant. Financial or economic abuse is also more clearly recognised as a form of family violence.
• Wastage of assets and the parties' liabilities are explicitly listed as relevant considerations.
• The need to provide appropriate housing for a child under 18 is specifically recognised.
• Companion animals (pets) are now dealt with under their own rules.

These changes apply to all separating couples, including those negotiating outside court.

How a property settlement is worked out

In practice, working out a fair division still follows a logical sequence. Lawyers, mediators and the Federal Circuit and Family Court of Australia generally move through these stages.

Identify and value the asset pool

The first task is to list everything you and your former partner own and owe, whether held jointly or individually. It does not matter whose name is on the title.

The asset pool typically includes:

• The family home and any investment properties
• Bank accounts, savings and shares
• Vehicles, boats and other valuable items
• Business interests
• Superannuation from all funds

Debts such as mortgages, car loans, credit cards and personal loans are subtracted to give the 'net' asset pool that is then divided. Superannuation is treated as a type of property and can be split, although a split is not automatic and is never assumed to be 50/50.

Assess each person's contributions

Next, the contributions each person made are considered. The law recognises that contributions are not only financial. They fall into broad categories:

• Financial contributions, such as income earned, an inheritance, or a larger deposit one person brought into the relationship.
• Non-financial contributions, such as renovations done yourself or unpaid work in a family business.
• Contributions as a homemaker and parent, including caring for children and running the household. This is treated as a genuine and valuable contribution, not a lesser one.

Since 10 June 2025, the effect of family violence on a person's ability to contribute, financially or as a homemaker and parent, is also taken into account where it is relevant.

Consider current and future circumstances

The legislation now refers to each person's 'current and future circumstances' rather than the older phrase 'future needs'. This stage adjusts the picture to reflect where each person is left after separation. Relevant matters include:

• Age and state of health
• Income, property, financial resources and capacity for suitable employment
• The care of any children, and the need to provide appropriate housing for a child under 18
• The economic effect of any family violence
• Any material wastage of assets caused intentionally or recklessly, for example significant gambling losses
• Any liabilities either person has

If one person is left in a weaker position, for example a lower income combined with the primary care of young children, an adjustment may be made in their favour.

Stand back and check it is just and equitable

Finally, the proposed division is viewed as a whole to check that the practical result is genuinely fair to both people. This overall fairness test is central, and it does not have to produce an equal split even where contributions were equal.

What about pets?

From 10 June 2025, companion animals are treated as a distinct category. A court can order that one person keeps the animal, that it be transferred to a consenting third party, or that it be sold, but it cannot order a shared custody or visitation arrangement for a pet. In deciding, the court looks at matters such as who cares for and pays for the animal, any attachment a person or child has to it, and any history of cruelty or family violence.

Time limits matter

There are deadlines for asking a court to adjust property. If you were married, an application generally needs to be made within 12 months of your divorce becoming final. If you were in a de facto relationship, the limit is generally two years from the date you separated. Applying outside these periods requires the court's permission, which is not guaranteed.

Getting a clear picture

As you can see, your likely entitlement depends on weighing up many factors together. Your contributions set a starting point, and your current and future circumstances can shift it. That is why an early expectation can differ from a realistic outcome.

This is where a clear, structured estimate helps. Separately walks through the same considerations the law uses and turns your circumstances into a likely percentage range, with a breakdown of how your assets, debts, contributions and future circumstances were assessed. Most people complete the assessment in around 30 minutes, and our sample report shows the level of detail you can expect, so you can approach the next conversation feeling prepared.

Key takeaways

• There is no automatic 50/50 rule in Australian family law.
• The goal is a 'just and equitable' outcome based on your circumstances.
• Settlements are worked out by identifying the asset pool, assessing contributions, considering current and future circumstances, and checking overall fairness.
• Since 10 June 2025, the economic effect of family violence, wastage, liabilities, housing for children and pets are clearly recognised.
• Time limits apply: generally 12 months after divorce, or two years after a de facto separation.

Whatever stage you are at, understanding the framework is a calm first step. When you are ready to formalise an agreement, it should be set out properly through consent orders or a binding financial agreement, with independent legal advice for each person.