The Divorce Course Podcast

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


Listen Later

🎧 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.

🆘 Emergency & Support Contacts: 💜 Women's Shelter: 1800 811 811 📞 Lifeline (24/7 Crisis): 13 11 14 👨‍👧 Mensline Australia: 1300 789 978 👧 Kids Helpline: 1800 551 800 🚨 DV Hotline: 1800 RESPECT (1800 737 732)

...more
View all episodesView all episodes
Download on the App Store

The Divorce Course PodcastBy Laura & Lyn

  • 4.7
  • 4.7
  • 4.7
  • 4.7
  • 4.7

4.7

27 ratings


More shows like The Divorce Course Podcast

View all
The Mind Your Business Podcast by James Wedmore

The Mind Your Business Podcast

1,646 Listeners

No Filter by Mamamia Podcasts

No Filter

627 Listeners

Ladies, We Need To Talk by ABC Australia

Ladies, We Need To Talk

329 Listeners

Love and Abuse by Paul Colaianni: Relationship and Emotional Abuse Expert

Love and Abuse

856 Listeners

Narcissist Apocalypse: Patterns of Abuse by Abuse Survivor Network

Narcissist Apocalypse: Patterns of Abuse

768 Listeners

The Divorce Survival Guide Podcast by Kate Anthony, CPCC

The Divorce Survival Guide Podcast

569 Listeners

The Divorce and Beyond® Podcast with Susan Guthrie, Esq. by Susan Guthrie

The Divorce and Beyond® Podcast with Susan Guthrie, Esq.

224 Listeners

The Resetter Podcast with Dr. Mindy by Dr. Mindy Pelz

The Resetter Podcast with Dr. Mindy

1,361 Listeners

The Covert Narcissism Podcast by Renee Swanson, Bleav

The Covert Narcissism Podcast

42 Listeners

Waking Up to Narcissism by Tony Overbay LMFT

Waking Up to Narcissism

690 Listeners

Navigating Narcissism with Dr. Ramani by iHeartPodcasts

Navigating Narcissism with Dr. Ramani

1,735 Listeners

The Mel Robbins Podcast by Mel Robbins

The Mel Robbins Podcast

20,306 Listeners

Breaking Free from Narcissistic Abuse by Kerry McAvoy, Ph.D.

Breaking Free from Narcissistic Abuse

294 Listeners

Divorce with Sam and Leah by Sam and Leah

Divorce with Sam and Leah

66 Listeners

You Are Not Crazy by Jessica Knight

You Are Not Crazy

87 Listeners