Superannuation splitting
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If your relationship has ended, there’s much to consider when dividing property and planning your financial future, for example, superannuation.
Under Australian family laws, superannuation (also known as retirement savings) is considered a type of property. It can be split between you and your former partner, just like other assets.
Having some knowledge is an excellent starting point for understanding your needs and obligations, so here’s some important information about superannuation splitting and how it works.
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Key Terms
Member spouse
The person whose superannuation is being split.
Non-member spouse
The person who receives a share of the superannuation.
Frequently asked questions about superannuation splitting
What is Superannuation Splitting?
Superannuation splitting involves dividing a member’s superannuation between two parties.
This process applies to all marriages and de facto relationships across Australia, except in Western Australia, where superannuation is treated as a financial resource rather than a separate asset for splitting.
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How does a superannuation split work?
There are two main ways that a superannuation split can happen:
- The Court makes a splitting order directing how the superannuation should be divided; or
- The parties make a superannuation agreement, which can also form part of a financial agreement
When the Court makes a splitting order:
- The superannuation fund trustee must follow the order
- The order will apply whenever a splittable payment is payable.
- A splittable payment is the superannuation that belongs to the member spouse.
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What superannuation payments can be split?
Superannuation payments that can be split are known as splittable payments.
Splittable payments include payments to:
- A spouse
- Someone else
- The legal personal representative of a spouse after their death (for example, the executor of their will)
Usually, these payments happen when the member spouse retires, rolls over their super, or passes away. However, a splitting order requires the superannuation fund trustee to split the benefits according to the order.
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What are the ways of splitting superannuation?
There are two main ways of working out how to split the superannuation:
- The base amount method gives a fixed amount or a formula for calculating the payment
- The percentage method gives the payment as a percentage of the superannuation interest
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What time limits should I be aware of for superannuation splitting?
The time frame for applying to the Court for splitting orders varies based on your circumstances:
Married couples
Applications for splitting orders must be filed within 12 months of your divorce becoming final.
De facto relationships
You have two years from the end date of your de facto relationship to apply for splitting orders.
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What happens after the superannuation is split?
Once the superannuation interest is split, usually, the non-member spouse can choose from several options:
- Create a new superannuation account within the same fund (however, some fund rules may limit this option)
- Transfer the benefits to another approved superannuation fund
- Receive a lump sum payment if the funds are accessible
After making a choice, the superannuation fund trustee must comply.
Choosing the best method for your situation can be complex, so we recommend you seek our advice to understand your options.
Get in touch
Navigating superannuation splitting can be challenging, and . It’s best to seek legal advice. We’re experts in superannuation splitting, offering trustworthy, skilled and affordable guidance that will prioritise your best interests.
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