Life Stages
What Happens to Your Super in a Divorce in Australia?
Super is often the second largest asset a couple holds after the family home. In some cases it is the largest. Yet it is consistently the asset most likely to be overlooked or undervalued in a property settlement, particularly in marriages where one partner had higher super contributions throughout.
I have worked with women who finalised their property settlement without ever knowing they had a right to claim a portion of their partner’s super. By the time they understood what they had walked away from, the settlement was done and the window to revisit it had closed. I do not want that to happen to you.
For many couples, super is the second-largest asset after the family home — and the one most often left on the table in a rushed settlement. The financial difference can be tens or hundreds of thousands of dollars over a retirement.
Here is what you need to know about how super is treated in an Australian divorce.
Super Is Part of the Asset Pool
Under the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2025, superannuation is treated as property in a relationship breakdown. Both married couples and de facto couples are covered, including de facto couples in Western Australia following legislative changes that came into effect in 2022.
Even if you do not intend to split super, you are generally required to disclose it. Both parties must disclose all superannuation interests as part of the property settlement process. This means you are entitled to know what your partner’s super balance is, and they are entitled to recieve full disclosure of yours.
Since 2022, there has been a direct mechanism through the Australian Taxation Office and the courts for parties to access information about a former partner’s superannuation, even if the partner is not forthcoming. This has made transparency in settlements significantly more enforceable than it used to be.
How Super Can Be Split
Superannuation splitting can happen in one of two ways.
Formal Written Agreement
Both parties agree the split in writing, with each person receiving independent legal advice signed off by their respective lawyers. Faster and lower cost when the relationship can support it.
Court Order
Sought when the parties cannot agree. The court determines the split as part of the broader property orders. Slower and more expensive, but binding.
The split can be structured as a base amount, a percentage of the interest, or in some cases a share of future payments from a pension stream. The most common approach for accumulation accounts is a base amount or percentage split. The trustee of the super fund receives a copy of the order or agreement and implements the split accordingly.
Super interests of $10,000 or less cannot be split under the 2025 Regulations.
Splitting does not give you immediate cash access. The money transferred to the non-member spouse remains in the superannuation system and is subject to the standard preservation rules — it cannot be accessed until the relevant conditions of release are met, which is generally at age 60 or retirement.
How Super Is Valued in a Settlement
For standard accumulation accounts, valuing a super interest is relatively straightforward: the balance at the relevant date. For defined benefit funds, the valuation is more complex and may require an actuary. Self-managed super funds also require more careful handling, both in terms of valuation and implementation of any split.
The Family Law (Superannuation) Regulations 2025, which came into effect on 1 April 2025, updated the valuation methods and factors used for certain types of super interests. If your settlement involves anything other than a standard accumulation account, getting specialist advice on the valuation is important.
What the Split Does and Does Not Do
A superannuation split creates a new super interest in the non-member spouse’s name. The trustee of the existing fund may hold it within the same fund or roll it over to a new fund nominated by the receiving party, depending on the fund’s rules.
What the split does not do is give you access to the money now. It stays in super. If you are not yet 60, or have not met another condition of release, you cannot touch it. This is sometimes a surprise to people who expected a cash outcome from the settlement.
The split also does not protect you from future changes in that balance. Once the split is implemented, the new interest belongs to the receiving party and is invested and managed from that point forward.
What to Do Before Your Settlement Is Finalised
- Find out what super exists. Log in to myGov and check all super balances in your own name. For your former partner’s super, you can request information through your lawyer or through the court process if you are in active proceedings.
- Get independent advice. The decisions made in a property settlement are permanent. A family lawyer can advise you on whether a super split is in your interests, how to value the interests involved, and how to structure the order or agreement correctly.
- Check the insurance on any accounts before consolidating. As I mentioned in my earlier article on separating finances, existing super accounts may hold life insurance, income protection, or total and permanent disability cover. If your health has changed since those policies were issued, you may not be able to get equivalent cover in a new fund. Check before you act.
And do not assume super will be dealt with automatically. In my experience, it is the asset most likely to be left on the table when people are trying to get through a settlement quickly and emotionally. Give it the attention it deserves.
Navigating the financial side of a separation?
My Money Makeover covers super in plain English, with practical tools to help you understand exactly what’s yours and what’s at stake — so you walk into your settlement clear, not confused.
Frequently Asked Questions
Yes. Under the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2025, superannuation is treated as property in a relationship breakdown. Both married couples and de facto couples are covered, including de facto couples in Western Australia since 2022. Both parties are generally required to disclose all super interests as part of the property settlement process.
There are two ways to split super: a formal written agreement between both parties where each person has received independent legal advice, or a court order when the parties cannot agree. The split can be structured as a base amount, a percentage of the interest, or in some cases a share of future payments from a pension stream. The super fund trustee then implements the split.
Yes, super is part of the asset pool and can be split as part of a property settlement. Both parties must disclose their super interests. Since April 2022, there has been a direct ATO and court mechanism for accessing a former partner’s super information, even if the partner is not forthcoming. The split creates a new super interest in the receiving party’s name but does not give immediate cash access — the money stays in the super system.
Not necessarily. A formal written agreement (sometimes called a financial agreement or consent order) signed off by both parties with independent legal advice is one path. A court order is the other path, typically used when the parties cannot agree. Both routes are legally binding and both result in the super fund trustee implementing the split. You always need specialist legal advice to make either approach valid.
