Divorce and super

Super assets are now treated like any other asset in a marriage breakdown.

The couple, or the Family Court if necessary, can decide whether or not to split their super and, if so, how and when.

The process

Valuation

Separating or divorcing partners can now request information from a fund about their spouse's superannuation. This allows both parties to know the full value of any superannuation and so make informed decisions. The trustee of the fund must not tell the member that their spouse has requested the information. Nor can the trustee give the member's address to the spouse. The fund may charge a fee for the information it provides.

Offset, split or flag

The two parties then decide how to deal with their super as part of the property settlement. They can offset super against other marriage assets, split the super between them, or flag it for a future decision on how it is split and paid.  If the couple cannot agree, the court will make an order.

If a split is agreed, the fund receives a splitting agreement or court order for a payment split, advises both parties of the split and pays the spouse’s entitlement to the relevant super account. Fees may apply for these transactions.  

Visit our fact sheets section to download a divorce and super fact sheet.