Superannuation Splitting
Where Superannuation Fits in a Property Settlement
For most separating couples super sits second only to the family home in value, and sometimes ahead of it. Because it cannot simply be withdrawn and shared out, it has to be handled on its own terms rather than treated as another line on the asset list.
To talk through how your superannuation should be dealt with after separation or divorce, contact South Coast Family Law Group today on 02 4202 6644.
Superannuation is money set aside across your working life to fund your retirement. Family Law treats it as property, which means it is counted in the pool of assets divided when a marriage or de facto relationship ends. What makes it different from other property is access: the money generally stays locked away until retirement, so a share of super is not the same as a share of savings.
Super is divided as part of the wider property settlement rather than in a separate process. The Family Law Act 1975 governs how it is treated, and there is more than one way an entitlement can be dealt with:
Splitting super does not release it as cash. The amount transferred stays inside superannuation on the receiving side and remains subject to the same preservation rules as before.
Our Wollongong Family Lawyers explain how super sits alongside the rest of your property settlement, so nothing is agreed without the whole picture in view. You need to know where you stand before anything is signed, and we advise and act for you throughout, helping you to:
Our team works across the full range of Family Law matters, including:
Whatever stage you are at, you will understand your position and what happens next.
Yes, superannuation is considered part of the asset pool during property settlements. It is vital to accurately assess its value to achieve a fair division.
The value of superannuation can be determined through statements from super funds or by consulting with financial experts. Our team can assist in this assessment.
If an agreement cannot be reached, legal action may be necessary. Our experienced Family Law solicitors can guide you through the dispute resolution process.