Spouse Details on Your Tax Return: Every Place They Change Your Tax

Updated June 23, 2026 by Eduyush Team

Spouse Details on Your Tax Return: Every Place They Change Your Tax (2025–26)

Australian individual tax return, 2025–26 (year ending 30 June 2026). General information only — not personal tax advice. Last reviewed: June 2026.

Most people treat the spouse section as a formality — a name, a date of birth, an income figure. In reality, your spouse's details quietly drive at least eight separate calculations on your return, and a wrong or missing figure can flip your Medicare levy surcharge, your private health rebate, and several offsets. This guide maps every place spouse data flows, how the surcharge is split if you couple up or separate mid-year, and the rule that surprises everyone: the ATO can't tell you your own spouse's income.

Key facts

  • You must complete spouse details if you had a spouse at any time during the year — married or de facto, any sex, even for one day.
  • Spouse income drives the Medicare levy surcharge, Medicare levy reduction, private health rebate, SAPTO, the spouse super offset and the invalid/carer offset.
  • The MLS family threshold is $202,000 for 2025–26 (vs $101,000 single), plus $1,500 per dependent child after the first.
  • If you couple up or separate during the year, the surcharge is worked out on a days basis, with the threshold switching by period.
  • The ATO cannot disclose your spouse's income to you — even with their consent. If you genuinely can't get it, a reasonable, good-faith estimate is accepted.
  • Spouse income does not affect your HELP/HECS repayment, your LITO, or your marginal tax rates.

When do you have to include spouse details?

You complete the Spouse details (married or de facto) section if you had a spouse at any time during the income year. If you had more than one spouse, you use the details of your last spouse for the year. If the relationship didn't run the full year — you married, separated, or your spouse died — you enter the dates you had a spouse.

Who counts as a "spouse"? For tax, you have a spouse if any one of three things is true — and it's a question of fact, not a label you choose:
  • Married — a legally married spouse.
  • In a registered relationship — a relationship you've formally registered under a state or territory law (for example a Relationships Register or civil partnership). This is a deliberate legal act you opt into, separate from marriage — not something that happens automatically just by living together.
  • De facto — although not married or registered, you live together on a genuine domestic basis in a relationship as a couple.

A partner of any sex can be a spouse by any of these routes. So a live-in partner who isn't married isn't "registered" automatically — they're your spouse only if you've actively registered the relationship, or if the de facto test is genuinely met on the facts (see the checklist below). Simply sharing a house — as flatmates, or where lives stay largely separate — doesn't make someone a de facto spouse.

The section captures your spouse's name, date of birth, gender, the period they were your spouse, whether they died during the year, and a set of income labels — most importantly their taxable income (Label O), plus reportable fringe benefits, reportable super contributions, net financial-investment and rental losses, child support paid, and two pension labels (P and Q) used for SAPTO.

Is your live-in partner a de facto spouse? The factors that decide it

There's no minimum time period and no paperwork for a de facto relationship — it's about whether you're genuinely a couple living on a domestic basis. No single factor settles it; the ATO weighs the whole picture, drawing on the same indicia as family law:

  • how long you've been together and the nature of your shared home
  • financial interdependence — joint accounts, shared bills, one supporting the other
  • jointly owned property or assets
  • whether there's a sexual relationship
  • a mutual commitment to a shared life
  • how you present publicly — treated as a couple by family and friends
  • the care and support of any children

Sharing rent as flatmates, or a partner who stays over but keeps a separate life, doesn't meet the test. A genuinely borderline case — recently moved in, finances still separate — is one to document carefully, not guess.

Where spouse income actually hits your return

Spouse data isn't one calculation — it's a thread running through the whole assessment. Here's the full map.

Return item What spouse data does Tested on
Medicare levy surcharge (M2) Switches you to the higher family threshold; combines both incomes Combined income for MLS purposes
Medicare levy reduction / exemption (M1) Family low-income thresholds; dependent-child increments Combined family taxable income
Private health insurance rebate Family income tiers (higher than single) Combined income for MLS purposes
Spouse super contribution offset (T3) Up to $540 for contributing to a low-income spouse's super Spouse's income
SAPTO (T1) Combined rebate-income eligibility gate, plus transfer of unused SAPTO Combined, then individual rebate income
Invalid & invalid carer offset (T5) Spouse can be the invalid or carer dependant Combined ATI + dependant's ATI
Family Tax Benefit / Child Care Subsidy Spouse income feeds the family income test (Services Australia) Combined ATI
Super contribution splitting Lets you split concessional contributions to a spouse's fund n/a

Does my spouse's income affect my tax? A quick yes/no

It's one of the most asked questions — and the answer is "it depends which part of your tax you mean." Spouse income changes the income-tested items, but never your own rates or loan repayments.

Spouse income DOES affect Spouse income does NOT affect
Medicare levy surcharge Your income tax rates and tax brackets
Medicare levy reduction / exemption HELP / HECS (study loan) repayments
Private health insurance rebate Low Income Tax Offset (LITO)
SAPTO (and the unused-SAPTO transfer) The tax-free threshold
Spouse super contribution offset
Invalid & invalid carer offset

How do you find out your spouse's income?

This is the question that trips up separated and privacy-conscious couples — and the answer has a hard edge. You're required to seek the figures from your spouse, whether or not they need to lodge a return. The usual sources are their tax return or notice of assessment, their income statement / PAYG summary, and any trust distribution statements. Child support paid is on record with Services Australia.

The privacy wall

The ATO cannot disclose your spouse's taxable income to you — even with your spouse's consent. Privacy law sits above convenience here. So if your spouse won't share the figure, you can't simply ask the ATO for it.

So what happens if you genuinely can't obtain an exact figure — a hostile separation, an uncontactable ex, a spouse who refuses? The ATO's position is practical:

Reasonable estimate

If you can't find out an amount, you may make a reasonable estimate. You won't be penalised for an incorrect estimate provided you acted reasonably and in good faith — basing it on what you genuinely know (last known salary, payslips, known pension rates) rather than guessing low to dodge the surcharge.

One prefill nuance: if you had a spouse on 30 June last year, myTax may pre-fill your spouse's name and date of birth from your prior-year return — but it will never pre-fill their income. That figure is always something you obtain or reasonably estimate.

What counts as spouse income?

A common misconception is that "spouse income" means just their salary. For the income-tested items, it's the broader income for surcharge purposes — so a spouse with modest taxable income but salary packaging or investment losses can still push the family figure up.

Included in spouse income for these tests
Taxable income (Label O)
Reportable fringe benefits
Reportable employer super contributions
Net financial investment losses (added back)
Net rental property losses (added back)

The losses are added back — meaning negative gearing reduces taxable income but not the figure used for the surcharge and rebate tests.

The Medicare levy surcharge — the biggest spouse-driven number

Having a spouse moves you from the single threshold to the (higher) family threshold, but it also means the ATO combines both incomes to test it. For 2025–26:

Tier Single threshold Family threshold* Surcharge rate
Base — no surcharge $101,000 or less $202,000 or less Nil
Tier 1 $101,001 – $118,000 $202,001 – $236,000 1.0%
Tier 2 $118,001 – $158,000 $236,001 – $316,000 1.25%
Tier 3 $158,001 + $316,001 + 1.5%

*Family threshold increases by $1,500 for each dependent child after the first.

Two spouse-specific quirks matter:

The individual floor. Even where combined family income tops $202,000, you are not personally liable for the surcharge if your own income for MLS purposes is $27,222 or less. A low-earning spouse can be over the family line yet pay no surcharge.

Cover must be complete — and "appropriate." To escape the surcharge entirely, every dependant — your spouse and all dependent children — needs appropriate private hospital cover for the whole year, and gaps are pro-rated. "Appropriate" has a specific meaning: the policy must be hospital cover (extras-only doesn't count) with an excess of $750 or less for a single, or $1,500 or less for a couple/family. A policy with a higher excess does not exempt you.

Combined income vs the individual floor

Two separate spouse tests are doing different jobs. Your combined income is what's tested against the family threshold to decide whether the surcharge is in play for the household. The individual floor ($27,222) then decides whether you personally are liable — so a low-earning spouse can sit inside a liable household yet pay nothing.

How the surcharge is split if you couple up or separate during the year

This is where it gets misunderstood. When your relationship status changes mid-year, the surcharge isn't all-or-nothing — it's worked out on a days basis, and the threshold that applies changes depending on the period:

Period Threshold that applies You may be liable for those days if…
Days you were single Single — $101,000 Your income for MLS purposes exceeded $101,000
Days you had a spouse (or dependent children) Family — $202,000* Your own income for MLS purposes exceeded $202,000*

*Plus $1,500 per dependent child after the first. For the coupled days, the test uses your own income against the family threshold — not the combined figure. The rate tier is set by your circumstances on 30 June.

Worked example — separated during the year

Priya separates on 31 December, stays single, has no children and no private hospital cover. Her income for MLS purposes for the year is $130,000.

1 July – 31 December (184 days, coupled): her own $130,000 is tested against the family threshold of $202,000 → under → not liable for these days.

1 January – 30 June (181 days, single): $130,000 is tested against the single threshold of $101,000 → over → liable for these days. $130,000 sits in the single Tier 2 band, so the rate is 1.25%.

Surcharge = $130,000 × 1.25% × (181 ÷ 365) ≈ $806. She's single on 30 June, so the single tiers set the rate.

The mirror image applies if you marry or partner up during the year and are together on 30 June: the family thresholds apply on a daily basis from the date you became a couple, the single threshold covers the earlier single days, and your status on 30 June (now a couple) determines the rate tier.

When one spouse is exempt from the Medicare levy (Defence, DVA, blind pension)

Some people are exempt from the 2% Medicare levy because they're a prescribed person — most commonly a Defence Force member entitled to free medical treatment, a full-time Defence reservist, a DVA Gold Card holder, or a blind pensioner. But the exemption isn't automatic when there's a family: it's full or half, depending on who covers the dependants.

Full vs half exemption. A prescribed person with no dependants is fully exempt. With dependants, they're fully exempt only if someone else "covers" those dependants — either the dependants are themselves exempt, or the spouse is liable to pay the levy. If the only other adult (the spouse) isn't liable — for example because their income is below the Medicare levy threshold — the prescribed person gets only a half exemption, and pays half the levy to cover the dependants.
Worked example — half exemption

John is in the Air Force all year (free medical treatment) on $106,000. His spouse Sophia earns $18,000 — below the Medicare levy threshold, so she pays no levy — and they have three children. Because no-one is covering the dependants, John gets only a half exemption: $106,000 × 2% ÷ 2 = $1,060.

The family agreement — and why the lower earner usually signs it

Where both partners are prescribed persons (say, both Defence Force members) and they have dependent children, the children still need to be covered — so one partner must carry a half levy for them. The couple decide who, in a written family agreement. Because the half levy is a percentage of that person's income, it's almost always cheaper for the lower-income partner to take it on.

Worked example — family agreement

Ken ($77,000) and Geoff ($54,000) are both Defence Force members all year with two dependent children. They sign a family agreement nominating Geoff (the lower earner) to carry the half levy. Ken is fully exempt; Geoff pays $54,000 × 2% ÷ 2 = $540. Had Ken taken it instead, the half levy would have been $770 — so nominating the lower earner saves $230.

How the family agreement works

It's a written agreement signed by both spouses, stating: "We agree that the Medicare levy exemption in respect of our dependants for [year] will be claimed as follows," naming who claims the full exemption and who claims the half. It's kept with your records — not lodged with the ATO, and is only needed where both spouses would otherwise have to pay the levy but for their exemption. The half exemption is available only to the "medical" category of prescribed persons (Defence, DVA, blind pension) — not to those exempt via a Medicare Entitlement Statement.

Levy-exempt doesn't mean surcharge-exempt

A prescribed person with no dependants escapes the surcharge too. But if they have dependants who aren't covered by private hospital cover, and combined family income tops $202,000, they are liable for the Medicare levy surcharge — exemption from the levy doesn't carry across to the surcharge.

Three life events, three different rules

Married or partnered during the year Part-year

Enter the start date. Family thresholds apply on a daily basis from that date; the single threshold covers the pre-relationship days. Because you're a couple on 30 June, the family income and family tiers set the surcharge rate for the year. The spouse offsets (T3, SAPTO, T5) become available for the relevant period.

Separated during the year Part-year

You were a couple for part of the year and single for the rest, and each period is tested separately on the days method above. Your status on 30 June decides which tiers set the rate — so a couple who separate and stay single are assessed on the single tiers for the post-separation days. You still complete spouse details (with the dates) because you had a spouse during the year.

Spouse died during the year Special rule

For Medicare levy and surcharge purposes, you're treated as having had a spouse for the full year if your spouse died and you didn't re-partner before 30 June — so you keep the family thresholds for the whole year. Answer "Yes" to "Did your spouse die during the year?", and you can still claim the relevant spouse offsets.

The asymmetry: the deceased's own final return is treated as single for the surcharge if they didn't substantially maintain a dependant — even though they were married up to the date of death.

SAPTO and your spouse (Item T1)

If you (or your spouse) have reached Age Pension age and are on a modest income, the Seniors and Pensioners Tax Offset interacts with your spouse in two ways: a combined-income eligibility gate, and a transfer of unused SAPTO between partners. Maximum amounts and thresholds for 2025–26:

Circumstance Max SAPTO Shade-out (full offset below) Cut-out (nil at) Combined gate
Single $2,230 $34,919 $52,759
Couple, living together $1,602 each $30,994 $43,810 $87,620 combined
Couple, apart due to illness $2,040 each $33,732 $50,052 $100,104 combined

The two-step quirk: eligibility is first tested on combined rebate income, but the offset is then calculated on your individual rebate income — so you can pass the couple gate yet receive nil because your own income exceeds half the combined threshold. SAPTO reduces by 12.5 cents for every dollar of rebate income above the shade-out threshold.

Why Labels P and Q matter

If both spouses are eligible and one doesn't use all their SAPTO, the unused portion can transfer to the other — the ATO works this out automatically when both lodge. But it can only do so if the spouse's taxable government pension (Label P) and exempt pension income (Label Q) are recorded in your spouse section. Omit them and the transfer is lost. And the automatic transfer relies on both partners lodging: if the lower-income spouse isn't required to lodge and doesn't, the transfer may not happen on its own — the non-lodging spouse may need to lodge a return (or notify the ATO they don't need to) so the unused offset can flow across.

Invalid and invalid carer offset (Item T5)

If you maintain an invalid spouse — or a carer of an invalid family member — you may be entitled to this offset, worth up to $3,396 for 2025–26. The eligibility test depends on who the invalid is:

The invalid / carer is… You can't claim if…
Your spouse Your own ATI exceeds $120,007 (2025–26)
Someone other than your spouse (e.g. an invalid parent) The combined ATI of you and your spouse exceeds $120,007

So for the most common case — an invalid spouse — it's tested on your own adjusted taxable income, not the combined figure. Separately, the dependant's own ATI reduces the offset, cutting it out once their ATI reaches about $13,866. One more gate: if you or your spouse are eligible for Family Tax Benefit Part B for the full year, you can't claim this offset.

Spouse super contribution offset (Item T3)

If you contribute to the super of a low-income spouse, you may claim a tax offset of 18% of contributions up to a $3,000 ceiling — a maximum of $540. The full offset is available where the spouse earns $37,000 or less, sliding to nil at $40,000. It draws on the spouse income you've already entered in the spouse section.

Spouse's income Rebatable ceiling Max offset
$37,000 or under $3,000 $540
$38,500 $1,500 $270
$40,000 or over Nil $0

Other husband-and-wife tax nuances

A couple can only have one main residence at a time (CGT)

For the capital gains tax main residence exemption, a married or de facto couple can generally only treat one home as their main residence at any time. If you each nominate a different home for a period, the exemption can be split — but cleanly only if each of you owns 50% or less of the home you nominated. The moment one spouse owns more than 50% of either property, the exemption on that property is halved for the overlap period. The flag to watch is always: does one spouse own more than half of either home?

Transfers between separating spouses can defer CGT

When an asset moves between spouses because of a relationship breakdown under a court order or binding financial agreement, CGT rollover applies automatically — the transferring spouse disregards the gain or loss, and the receiving spouse takes on the original cost base and acquisition date (which counts toward the 12-month CGT discount). A private or informal split does not get this rollover: the transferring spouse is taxed on any gain. This is a get-advice area.

Splitting super contributions to a spouse

You can apply to split up to 85% of your concessional (before-tax) super contributions to your spouse's fund each year. It doesn't create a deduction, but it evens up balances — useful for keeping each partner under the $3 million Division 296 threshold, getting both balances working under the transfer balance cap, and for couples with an age gap who want to reach preservation age at different times.

5 expensive spouse tax mistakes

  • 1. Not disclosing a de facto partner. People often don't volunteer a de facto or same-sex partner. For the surcharge and rebate that omission can produce a wrong single-threshold assessment — and an amended bill, with interest, later.
  • 2. A hospital policy with too high an excess. Holding "private health" isn't enough — to dodge the surcharge the policy must be hospital cover with an excess of $750 or less (single) or $1,500 or less (couple/family). Extras-only cover, or a $1,000 single excess, leaves you exposed.
  • 3. Double-counting the first child. The family threshold only rises by $1,500 for the second and subsequent dependent children — not the first. Counting the first child inflates your threshold and understates the surcharge.
  • 4. Leaving the spouse pension labels blank. Skipping Labels P and Q in the spouse section means the ATO can't see your spouse is SAPTO-eligible — and the unused-SAPTO transfer is silently lost.
  • 5. Assuming a non-lodging spouse's liability vanishes. If your spouse doesn't lodge by year-end, any private health insurance liability of theirs can roll onto you — the debt doesn't simply disappear.

Also worth knowing: temporary separations (holidays, work travel) don't end the spouse relationship for these tests — the question is whether you're a couple on a genuine domestic basis. And the return lets you consent to use your refund to repay a spouse's Family Tax Benefit or Child Care debt, which needs their authority to quote their Customer Reference Number.

Common spouse tax planning strategies

Once the reporting is right, the spouse relationship opens up planning levers. These are general strategies, not personal advice — and note that anything touching how assets or contributions are structured is financial advice that belongs with a licensed adviser.

Situation Strategy to explore
High-income spouse Additional concessional (before-tax) super contributions within the cap
Low-income spouse (under $40,000) Spouse contribution offset — up to $540
One spouse retired / Age Pension age SAPTO optimisation and the unused-SAPTO transfer
Uneven super balances Contribution splitting to the lower-balance spouse
No private hospital cover, family income near $202,000 Review MLS exposure vs the cost of basic hospital cover

Frequently asked questions

Does my spouse's income affect my income tax?

Not your income tax rates, tax brackets, tax-free threshold, LITO or HELP/HECS repayment — those are all worked out on your income alone. But your spouse's income does affect your Medicare levy surcharge, your Medicare levy reduction, your private health insurance rebate, your SAPTO, the spouse super contribution offset, and the invalid and invalid carer offset.

I'm in the Defence Force — do I pay the Medicare levy if I have a family?

Defence Force members entitled to free medical treatment are prescribed persons, exempt from the levy. With no dependants, the exemption is full. With dependants, you're fully exempt only if someone covers them — usually a spouse who is liable for the levy. If your spouse isn't liable (for example their income is below the threshold), you get a half exemption and pay half the levy. Where both partners are prescribed persons, a written family agreement nominates who carries the half levy — usually the lower earner.

Can I transfer assets to my spouse without paying capital gains tax?

Only in specific cases. A transfer between spouses because of a relationship breakdown, made under a court order or binding financial agreement, gets automatic CGT rollover — the transferring spouse disregards the gain and the receiving spouse inherits the cost base. A private or informal transfer, or an ordinary gift between spouses outside a relationship breakdown, does not get rollover and can trigger CGT at market value.

When do I need to include spouse details on my tax return?

You must complete the spouse details section if you had a spouse — married or de facto, of any sex — at any time during the income year, even for a single day. If you had more than one spouse, use the details of your last spouse. If you married, separated, or your spouse died during the year, you also enter the dates you had a spouse.

Does a de facto or same-sex partner count as a spouse for tax?

Yes. Your spouse includes a person of any sex in a relationship registered under a state or territory law, or who — though not legally married to you — lived with you on a genuine domestic basis as a couple. De facto and same-sex partners are treated the same as a married spouse for these purposes.

How do I find out my spouse's income if I can't get it from them?

You're required to seek it from your spouse, using their tax return, notice of assessment, income statement or PAYG summary. If you genuinely can't obtain an amount, you may make a reasonable estimate. You won't be penalised for an incorrect estimate provided you acted reasonably and in good faith.

Can the ATO tell me my spouse's income?

No. The ATO cannot disclose your spouse's taxable income to you, even with your spouse's consent. You must obtain the figure from your spouse directly, or make a reasonable, good-faith estimate if you can't.

How is the Medicare levy surcharge calculated if I married or separated during the year?

It's worked out on a days basis. For the days you were single, you may be liable if your income for MLS purposes exceeded the single threshold of $101,000. For the days you had a spouse, you may be liable if your own income exceeded the family threshold of $202,000 (plus $1,500 per dependent child after the first). Your status on 30 June determines which tiers set the surcharge rate.

Does my spouse's income affect my HELP/HECS repayment?

No. Compulsory HELP/HECS repayments are based on your own repayment income only. Your spouse's income does not change your study and training loan repayment, your Low Income Tax Offset, or your marginal tax rates.

What is the spouse super contribution offset worth?

Up to $540 — that's 18% of contributions up to a $3,000 ceiling — where your spouse earns $37,000 or less. The ceiling slides down as the spouse's income rises and reaches nil at $40,000.

Sources: Australian Taxation Office — Spouse details (married or de facto); Medicare levy surcharge income, thresholds and rates; Paying the Medicare levy surcharge; Seniors and pensioners tax offset; Private health insurance rebate. Figures current for the 2025–26 income year. This guide is general information and does not take your circumstances into account; for advice specific to your situation, speak with a registered tax agent.

Related Eduyush guides

Australian tax offsets explained · Adjusted taxable income: what counts · New migrant tax guide


Leave a comment

Please note, comments must be approved before they are published

This site is protected by hCaptcha and the hCaptcha Privacy Policy and Terms of Service apply.


Featured product

Featured product

Popular posts

How to Become a CPA in India: 8-Step Guide
CPA Updated Jun 12, 2026 ·
How to Become a CPA in India: 8-Step Guide
A step-by-step guide to becoming a CPA from India. Learn eligibility, credits, NIES evaluation, exams, costs and licensing.
Read article →

Featured product

FAQs