Divorce impacts both your emotions and finances

Whether you’ve been married for two years or twenty, separating your financial life from your partner’s can feel overwhelming.

This guide breaks down the key financial issues you may face, using everyday language and real-life examples—so you can move forward with more clarity and confidence.

1. Legal Costs and Court Fees

Divorce in Australia isn’t free. You’ll usually pay:

• A filing fee to the court (currently around $1,000—check the Federal Circuit and Family Court website for updates)

• Legal fees if you use a lawyer or get help preparing paperwork

Example
Linda filed for divorce on her own and paid only the court fee. Her friend Matt, who hired a solicitor to handle everything, paid closer to $4,000.

You may be eligible for a fee reduction if you hold a concession card or are experiencing financial hardship.

2. Dividing Property and Assets

Property settlement is separate from the divorce application. It involves working out how to divide:

• The family home

• Superannuation

• Debts and mortgages

• Business interests

• Investments or savings

There’s no fixed formula. The goal is to reach a fair outcome, not a 50/50 split. The court (if involved) will look at:

• What each person contributed (financially and non-financially)

• Future needs (health, income, care of children)

• Whether the final result is fair and reasonable

Example
After 12 years of marriage, Melissa and Jacob separated. She had taken time off work to raise their kids while Jacob grew his business. In the property split, Melissa received a greater share of the family home, recognising her unpaid contributions.

3. Spousal Maintenance

In some cases, one partner may have to support the other financially after separation. This is called spousal maintenance and depends on:

• One party’s ability to pay

• The other party’s need for support

It’s different from child support and may be short or long term.

Example
After separating, Priya continued to support her ex-husband while he retrained for a new job. They agreed on a maintenance payment for 12 months.

4. Superannuation Splitting

Superannuation can be split between separating spouses—but only through a formal agreement or court order. This doesn’t mean cashing it out—it means transferring part of one person’s super to the other.

You can:

• Negotiate a super split through a Binding Financial Agreement or Consent Orders

• Get a valuation of the fund from the super provider before deciding

5. Debts and Loans

You’ll also need to consider any shared debts—like mortgages, credit cards, or car loans. These don’t disappear after divorce.

If the loan is in both names, both parties remain responsible—no matter who’s using the asset.

Tip
Make sure joint accounts or redraw facilities are frozen early in the separation to prevent future issues.

Final Thought

Divorce can take a toll on your finances, but knowing what to expect—and planning ahead—can make a big difference. You don’t need to go it alone. Consider financial advice, and keep the focus on making informed, fair decisions.