Divorce and Wastage: Protecting Your Property When Your Ex is spending it all

🎧 Listen to this episode if you…
💸 Suspect your ex has been wasting money during or after separation
⚖️ Want to understand what the new Family Law Act changes (June 2025) mean for add-backs
📑 Need to know how to prove wastage in court or mediation
🏡 Worry your savings could be treated unfairly if your ex has spent theirs
🧾 Want practical tips on disclosure, evidence, and how to talk to your lawyer

⚠️ Disclaimer: This is general education only and not legal advice. Please seek advice from your own lawyer about your specific circumstances.

Divorce property settlements just got a major shake-up in Australia. On June 10, 2025, the Family Law Act changed—and the Full Court confirmed the new approach in Shinohara & Shinohara [2025] FedCFamC1A 126.

So what does that mean for you?

In today's episode, we break down wastage and add-backs—what they are, how they used to work, and what the courts now say.

We explore:

• The difference between wastage during the relationship vs after separation
  
  

• How gambling, drugs, alcohol, or reckless spending are treated
  
  

• The risks when your ex is stalling, hiding money, or draining joint accounts
  
  

• How to prove wastage with disclosure, documents, and chronologies
  
  

• What to say to your lawyer or mediator so it doesn't get missed
  
  

If you've been scrimping and saving while your ex has been spending big, this episode will help you understand how the law now protects you—and how to raise it at mediation or in court.

⚠️ Disclaimer: This is general education only and not legal advice. Please seek advice from your own lawyer about your specific circumstances.

⏱️ Episode Timeline – What We Discuss:
00:00 – What are wastage and add-backs in divorce property settlements?
01:28 – How do courts define wastage and add-backs in family law?
03:36 – What are the new legal changes (June 2025) and how do they affect divorce property division?
07:12 – How does wastage during and after marriage impact property settlements?
16:25 – How can you prove wastage in court after separation?
27:13 – What kind of proof and financial chronology does the court expect?
27:34 – Why keeping a clear chronology helps in divorce proceedings
28:30 – How do you raise financial wastage issues in mediation?
29:37 – What mediation strategies and legal cases should you know about?
30:50 – How is wastage treated in property settlement negotiations?
38:34 – Why is the separation date and superannuation balance so important?
43:40 – How do you handle wastage claims with a high-conflict or avoidant ex?
48:47 – What are the key takeaways for protecting yourself under the new family law changes?

📌 Links & Resources Mentioned

• Case Update: Shinohara & Shinohara [2025] FedCFamC1A 126 (23 July 2025) ​​https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/126.html

• Our Free Webinar: thedivorcecourse.com.au

• Related episodes:
  
  

• DIY Disclosure in Divorce https://open.spotify.com/episode/49yOIB1GLDmXgeZCXkfyJS?si=eGN8WdTBQQql5-9WzT-NsA
  
  

• Legal Gatekeeping & What Your Lawyer Might Not Tell You https://open.spotify.com/episode/086JRHdfn0TGR2vyhhLD2z?si=49tG9RYPQtWFIJDOryviOw
  
  

💡 Final Thoughts
The law around wastage and add-backs has changed dramatically. If your ex has been wasting money, don't give up—there are still ways to make sure the court takes it into account. The key is evidence, preparation, and raising it early.

👉 If this episode was helpful, please share it with a friend, rate the podcast, and leave a review—it helps others find the support they need.

📌 Legal Disclaimer: This is a general discussion and not legal advice. Please see a qualified lawyer for advice specific to your situation.

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