16/12/2025
💡 What Is My Wife Entitled to in a Divorce in Australia?
In Australia, a wife is not automatically entitled to 50% of the assets. Instead, under the Family Law Act 1975, the court aims for a division that is “just and equitable”.
Here’s what the law considers:
All assets, superannuation, and debts of both parties are included in the pool, no matter whose name is on them.
Contributions: Both financial (income, investments) and non-financial (home-making, caring for children) are recognised.
Future needs: Age, health, earning capacity, whether one party is the primary carer of children.
Spousal maintenance: Possible if one spouse can’t support themselves and the other can pay.
👉 Bottom line: Your wife may receive a share of property, superannuation and possibly maintenance - but the exact outcome depends on your specific situation, not a fixed formula.