{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Is Your Ex Wasting the Property Pool? Here's What the Family Court Does Now","description":"\ud83c\udfa7 Listen to this episode if\u2026 You've been told "add-backs are dead" by your lawyer or your ex Your ex is wasting the property pool and you don't know how to stop it You've watched assets disappear since separation bank accounts, cars, super You're heading into mediation and need to know what to argue You want to understand what  the Shinohara & Shinohara Case and Shamon & Sharon Case actually mean for your case You're worried about delay tactics while your ex quietly drains the joint money \u26a0\ufe0f Legal Disclaimer This podcast is general information only \u2013 it is not legal advice. The content reflects Australian family law and may not apply to your specific situation or jurisdiction. Always consult a qualified family lawyer about your individual circumstances. Laws may have changed since this episode was recorded. Episode Summary You may have heard the rumour \u2013 "add-backs are dead." Lawyers are quoting it, ex-partners are using it as an excuse, and people are panicking that there's nothing they can do when the property pool is being drained. In this episode, Laura and Mum unpack what add-backs actually are, why people think they've disappeared, and what the courts are really doing about wastage now. The short answer? Add-backs aren't on the balance sheet anymore  but wastage is absolutely still considered. Thanks to Shinohara & Shinohara [2025], the courts have stopped putting "imaginary money" into the property pool. But thanks to Section 79(5)(d) of the Family Law Act and the case of Shamon & Shamon [2025], wastage now adjusts the percentage split of what's left \u2013 and in Shamon, that meant the wife walked away with nearly 100% of the property pool plus costs. Mum walks through what counts as wastage (selling assets cheap, gambling, blowing money post-separation, gifting funds to a new partner), what doesn't (post-separation income spent on living, ordinary marital spending), and how to protect the property pool before your ex empties it. She also explains exactly what to consider saying if a lawyer or mediator quotes Shinohara at you including the section number, the case names, and the strategy that works. If you suspect your ex is wasting money or stalling property settlement, this is the episode to listen to before you do anything else. \u23f1\ufe0f Episode Timeline 00:00 \u2013 Are Add-Backs Dead? The Property Pool Myth Going Around 01:00 \u2013 Legal Disclaimer & Australian Family Law Context 01:30 \u2013 What Is an Add-Back in Property Settlement? 03:15 \u2013 The Townsend Case: How Add-Backs Used to Work 04:25 \u2013 Property Pool vs Balance Sheet: What's the Difference? 05:25 \u2013 The 4 Steps of Property Settlement Explained 05:50 \u2013 Why People Think Add-Backs Are Dead: Shinohara Explained 07:15 \u2013 "Don't Put Pretend Money on the Balance Sheet" 07:55 \u2013 The Real Risk: Ex Spending Everything Before Settlement 08:45 \u2013 How Wastage Is Handled Now: Section 79(5)(d) 10:00 \u2013 Percentage Adjustments Instead of Balance Sheet Add-Backs 11:30 \u2013 The Shamon Case: Wife Got Nearly 100% Plus Costs 13:50 \u2013 What to Do If Your Ex Has Already Drained the Pool 14:30 \u2013 How to Protect the Property Pool: Caveats Explained 17:00 \u2013 Protecting Joint Bank Accounts and Cash 17:50 \u2013 Superannuation, Cars and Other Assets 19:50 \u2013 Arguing Wastage in Mediation (Not Court) 21:00 \u2013 How to Respectfully Tell Your Lawyer They're Wrong 24:30 \u2013 Free Webinar Reminder 24:40 \u2013 What to Write to Your Ex Before Settlement 26:25 \u2013 What Counts as Wastage: Kowaliw, Gambling & More 27:30 \u2013 Is Drinking and Drug Use Considered Wastage? 28:15 \u2013 Gifts to a New Partner: The Gollings & Scott Case 29:30 \u2013 Reckless Spending vs Ordinary Spending 30:15 \u2013 Bad Business Decisions Post-Separation 31:10 \u2013 So Are Add-Backs Dead? The Final Answer 32:30 \u2013 What Evidence You Need to Prove Wastage 33:50 \u2013 The Mechanism Has Changed, the Outcome Hasn't 34:25 \u2013 Your Toolkit: Section 79(5)(d) of the Family Law Act, Shamon, Townsend, Weir 35:30 \u2013 Why Acting Fast Matters in Financial Abuse 36:55 \u2013 Reviewer of the Month: Manal from Australia 38:30 \u2013 Final Thoughts: Wastage Rules   \ud83c\udfa7 Episodes Mentioned in This Episode 1. Equalisation of Super: The Myth That Won't Die https:\/\/youtu.be\/YFkOnEsNybw?si=LAQd2SUq_YRVl9Ts 3. The Gilded Cage: Delay Tactics in Property Settlement https:\/\/youtu.be\/cs6-jHDt-Qk?si=ufuSLLwVmasbQKsL 4. Financial Abuse and Hidden Assets https:\/\/youtu.be\/D3-fV8C4gkM?si=JQMk6eqMXWUktsUf \ud83d\udcda Links & Resources \ud83d\udcde 1800 RESPECT \u2014 1800 737 732 (24\/7 support) \ud83d\udcde Lifeline \u2014 13 11 14 \ud83d\ude93 Police \u2014 000 (immediate danger) \ud83c\udf10 The Divorce Course \u2014 www.thedivorcecourse.com.au \ud83c\udf93 The Divorce Course Podcast \u2014 www.thedivorcecourse.com.au\/blog \ud83c\udf9f\ufe0f Free Webinar \u2014 www.thedivorcecourse.com.au (click "Reserve My Seat") Cases Mentioned Shinohara & Shinohara [2025] \u2014 the case people are misreading  https:\/\/www.austlii.edu.au\/cgi-bin\/viewdoc\/au\/cases\/cth\/FedCFamC1A\/2025\/126.html Shamon & Shamon [2025] \u2014 https:\/\/www.austlii.edu.au\/cgi-bin\/viewdoc\/au\/cases\/cth\/FedCFamC1A\/2025\/150.html Townsend & Townsend \u2014 the original add-back case (the taxi) Weir & Weir \u2014 the quarry \/ missing gravel case Kowaliw & Kowaliw [1981] \u2014 the trashed family home case Gollings & Scott \u2014 the engagement ring \/ post-separation income case Legislation Family Law Act 1975 \u2014 Section 79(4), Section 79(5)(d) \u2014 https:\/\/www.austlii.edu.au\/cgi-bin\/viewdoc\/au\/legis\/cth\/consol_act\/fla1975114\/s79.html Family Law Act 1975 \u2014 Section 90SM (de facto equivalent) If this episode helped you understand wastage and feel ready to push back when someone says "add-backs are dead," please follow, rate, review, and share The Divorce Course Podcast so others going through the same thing can find this information too. All our best, Laura & Lyn Your Guides By Your Side Co-Hosts of THE DIVORCE COURSE PODCAST ","author_name":"The Divorce Course Podcast","author_url":"https:\/\/www.thedivorcecourse.com.au\/podcasts\/the-divorce-course-podcast-2","html":"