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  • Writer's pictureAlexandra Scoleri

The 80/20 Asset Split in a Divorce

It’s a common misconception that assets are split 50-50 in a divorce. However, in Australia, this is not the case and assets may be split up into an 80-20 division based on a multitude of factors. 

Some factors that determine how family assets will be split in a divorce are:

  • Whether one partner has greater custody over children under the age of 18 years.

  • What the court determines to be ‘family assets’.

  • Whether one or both partners have disabilities that means their financial requirements are higher.

  • What the future income earning capacity of each partner is. 

This is not an exhaustive list and there are many more factors that can and will be taken into consideration during the court’s deliberation of the family assets. For this reason, many couples opt to get lawyers who can explain their client's legal rights during divorce and ensure they are getting fairly considered in the splitting of family assets. Quality legal care is expensive and therefore not always an option for people, and even when it is feelings of frustration, anger, fear, and resentment can arise during the oftentimes arduous process of getting a divorce.

Whilst the splitting of family assets is done, in the courts’ eyes, in a fair manner, people may feel that they are entitled to more than what they have been awarded in the divorce. This adds to the difficulty of an often already painful and complicated situation. 

Dealing with the big emotions, confusing feelings, and exhaustion that going through a separation or divorce can bring up in people is not easily dealt with on one's own and having adequate and quality support can be a lifesaver. Even if you and your partner are separating amicably there can still be a need for some structured and unbiased support to help guide you through this big life transition.

At The Spring Clinic, we have wonderful, gentle and warm professionally trained Couples Therapists who can provide you and your partner with the care and support you may require at this time.

For more information about our different practitioners, you can read their bios here (, or you can contact The Spring Clinic on <a href="tel:0370359031">03 7035 9031 to find a therapist who is right for you.

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