QLD Theft of Wages by Separated Spouse?

[Rhianon]

Hi, I was just wondering, is it legal for a spouse (after separation) to have been taking a majority of my wages (for a number of years) out of our joint account and putting it into an account that I don't have access to nor do I even know about!? Is that considered theft in even though we are/were married?

Thank you.

 

[AllForHer]

If it was happening while you were married, you probably won't have much of a case here. Family law in Australia stipulates that when parties marry, they do so with the intention of pooling all funds and assets until the end of their days. Besides, if you're getting paid into a joint account, it's clear you intended those funds to be for both of you.

I would suggest a) opening up your own account and having your salary paid into that; b) Divorcing and c) carrying out a property settlement, which will require disclosure of all accounts to work out what the joint asset pool is.