Family law is evolving alongside the way Australians earn money. As more people generate income through side hustles, digital businesses and online platforms, these assets are increasingly becoming part of property settlements following separation.
With recent research showing more than half of Australians either earn income from, or are considering, a side hustle, Catton & Tondelstrand Family Lawyers Director Angela Tondelstrand says it’s important to understand how these income streams may be treated under family law.
“Ten years ago, a property settlement might have involved the family home, superannuation and a couple of bank accounts. Today, we’re increasingly dealing with digital businesses, content creators, cryptocurrency, online stores and multiple income streams,” Ms Tondelstrand said.
“If you’re earning income from a side hustle, it’s important to understand that it may also need to be disclosed if you separate.”
Whether it’s an OnlyFans account, influencer income, Airbnb earnings, an Etsy store, YouTube channel, freelance business or another digital venture, Ms Tondelstrand says these assets can raise complex legal questions.
“It’s not simply about how much income the business generates,” she said.
“We may need to determine whether the business itself has value, whether it was built during the relationship, what contributions each partner made to its success, and whether future earning capacity should be taken into account.”
Ms Tondelstrand says disclosure remains one of the most important obligations in any family law matter.
“Many people mistakenly think a side hustle is separate from the relationship because it’s in their own name or was something they did outside normal working hours. That’s not necessarily how modern family law works.”
“If the business operated during the course of the relationship, even with minimal to no contribution by the other party, the business is likely to be relevant.”
She says the rise of side hustles is just one example of how family law has evolved to reflect modern Australian relationships and finances.
“We’re also seeing more blended families, de facto relationships, later-in-life separations, couples remaining under one roof after separation because of housing costs, FIFO parenting arrangements and increasingly complex financial structures.”
“The traditional family model is no longer the only model, and family law has had to evolve with it.”
Ms Tondelstrand encourages people to keep accurate records of all their financial interests and to seek legal advice if separation becomes a possibility.
“Good record keeping isn’t just important for the ATO,” she said.
“If separation does occur, having accurate financial records from the outset helps make the process more transparent, efficient and ultimately fairer for everyone involved.”
If you would like advice about property settlements or any aspect of family law, contact Catton & Tondelstrand Family Lawyers on 07 5609 4933 or book an appointment online at https://www.ctlawyers.com.au/booking/.
