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How is economic abuse considered in family law property settlements in Queensland?

Family home with legal documents representing Gold Coast family law property settlements

How is economic abuse considered in family law property settlements in Queensland?

What is economic abuse?

Economic abuse (also called financial abuse) is behaviour that controls, restricts or exploits a person’s access to money, income, assets or financial resources. Under the Domestic and Family Violence Protection Act 2012 (Qld), economic abuse is defined in section 12 as conduct that:

  • denies a person the economic or financial autonomy they would have had but for the behaviour; or
  • withholds or threatens to withhold financial support necessary for meeting reasonable living expenses when the person is dependent on the abuser for that support.^[1]

Typical examples include:

  • Taking control of all bank accounts, denying the victim access to their own or joint funds.
  • Requiring the victim to ask permission for every expenditure, or to “buy back” items they have purchased.
  • Refusing to provide money for food, housing, medicine or other essentials while the victim is financially dependent.
  • Forcing the victim to hand over their income, savings, or proceeds from the sale of personal property.
  • Making the victim sign loans, guarantees, or other financial documents that place debt or liability in their name.
  • Preventing the victim from seeking or maintaining employment, education, or training.
  • Dispose of or sell the victim’s personal property (e.g., car, jewellery) without consent.
  • Using dowry‑related demands (see the dowry abuse FAQ) as a means of extracting money or assets.

These behaviours are recognised as a form of domestic and family violence when they occur within a relevant relationship (spouse, intimate partner, family member, informal care relationship, etc.).^[2]

Why does economic abuse matter in a family law property settlement?

When a marriage or de facto relationship ends, the court must determine a just and equitable division of the property pool under the Family Law Act 1975 (Cth). This involves four main considerations:

  1. Identifying and valuing the property pool (assets and liabilities).
  2. Assessing the parties’ contributions (financial, non‑financial, homemaker/parenting).
  3. Considering the parties’ future needs (age, health, earning capacity, care of children, etc.).
  4. Ensuring the overall outcome is just and equitable.

Economic abuse can affect both contributions and future needs, and therefore may influence the final division.

Impact on contributions

If economic abuse has limited your ability to earn income, save money, or contribute to household expenses, the court may treat this as a reduction in your financial contributions. For example:

  • If your partner controlled your wages and prevented you from accumulating savings, the money you did not have to contribute is not a reflection of lower effort but of imposed restriction.
  • If you were forced to hand over your income or to pay for the partner’s expenses, that may be treated as a negative contribution (or a dissipation of assets) on your part, thereby increasing the net contribution of the other party unless adjusted.
  • The court can look at evidence such as bank statements showing restricted access, payslips diverted to the other party, or testimony about being prevented from working.

Impact on future needs

Economic abuse can leave you with:

  • Reduced earning capacity due to gaps in employment or lack of career progression.
  • Lower superannuation balances because contributions were stopped or diverted.
  • Debt incurred in your name without your benefit (e.g., loans taken out by the abusive partner).
  • A need for financial support, counselling, or assistance to regain independence.

These factors are relevant to the future needs assessment under section 75(2)(o) of the Family Law Act, which allows the court to consider any fact necessary to do justice between the parties. The prolonged effects of economic abuse are therefore a legitimate basis for adjusting the property division to address disparate future needs.

How the court evaluates the evidence

The party alleging economic abuse bears the onus of proof (on the balance of probabilities). Helpful evidence includes:

  • Bank statements showing unusual withdrawals, transfers to the other party, or sudden drops in balance.
  • Payslips, tax returns, or employment records indicating gaps or reduced income that coincide with periods of control.
  • Communications (texts, emails) where the partner demands money, controls spending, or forbids work.
  • Medical or psychological reports linking financial stress, anxiety, or depression to the abusive conduct.
  • Witness testimony from family, friends, or professionals (e.g., financial counsellors).
  • Documentation of debts incurred in your name without your consent or benefit.

The court will consider whether the conduct was persistent, controlling, and causally linked to a diminished capacity to contribute or an increased need for support.

The “just and equitable” check

Even after adjusting contributions and future needs, the final step is to ensure the overall division is just and equitable. Economic abuse, especially if prolonged and severe, may weigh heavily in favour of the victim to counteract the financial disadvantage caused by the abusive behaviour.

Practical steps if you have experienced economic abuse

  1. Recognise the signs – Identify patterns of control over your money, income, or assets.
  2. Gather evidence – Collect financial records, communications, and any documentation showing restricted access or forced transfers.
  3. Seek a Domestic Violence Order (DVO) – You can apply for a DVO under the Protection Act, citing economic abuse as the basis. The order can include conditions such as:
    • Prohibiting the partner from accessing your bank accounts or financial documents.
    • Requiring the return of any money or assets transferred under duress.
    • Preventing the partner from incurring further debt in your name.
  4. Obtain legal advice – A family lawyer or community legal centre can help you present the economic abuse evidence effectively in any property settlement or parenting proceedings.
  5. Access support services – Services such as 1800RESPECT (1800 737 732), financial counsellors, and community legal centres provide assistance with safety planning, debt management, and rebuilding financial independence.
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