WA Separation and Property Settlement - When is My Wage Mine?

[Tony66]

When is my wage mine?

I have been separated for over 12 months. I have been contributing to the house hold expenses as my 2 boys are still at home both over 18 and working and my wife works. The house is fully paid for. At what point is my wage mine according to Family Law? I will continue to support the boys while they are living at home but is she entitled to anything I earn until this is dealt with legally?

 

[Sarah J]

Hi Tony,

Are you asking whether your wife, from whom you have separated for over the past 12 months, has access to your income?

When you separate, you can enter into a Financial Separation Agreement (also known as a Property Settlement Agreement). This is a contract in writing and agreed to/signed by both parties which sets out the division of assets upon separation. In this agreement, you may provide for income and assets earned after the date of separation to belong to you and not to be accessed by your wife. You may also set up a personal account, accessible by only you, and transfer your earnings into this account. For the sake of clarity, I would suggest that you and your wife draft up such an agreement.

In relation to your children, who are over the age of 18 years old, it is up to you whether or not you choose to provide them with any financial support, and if so, how much financial support.

 

[Tony66]

Yes to your question. She stated that anything i earn is half hers. Surely after 12 months of separation this is not the case.

 

[Rod]

"when is my wage mine" When you have a property settlement or a divorce that includes property settlement. The sooner you do that, the sooner you can confidently say you wage is yours and yours alone.

The court often will not look into what you've done post separation to support the household. If you pay more than your fair share then that's you being a good bloke. If you want your independence back it's got to be done legally.