Two ways to split
- Superannuation agreement (a binding financial agreement), with independent legal advice for both parties.
- Court order, including consent orders. The fund trustee must be given proposed orders before they are filed.
A split can be a fixed dollar amount or a percentage.
What the receiving spouse gets
Usually a new interest in the same fund, or a rollover to their own fund. It stays subject to the normal preservation rules, so it cannot simply be cashed out: see when can I access my super.
Things people miss
- Defined benefit and public sector schemes are valued differently.
- SMSFs may need assets sold or transferred, and one party may need to leave the fund.
- Update your nominations and wills: binding nominations.
- Insurance in super may need replacing: insurance in super.
Get family law advice for the split itself; we can help plan what comes next.
Quick answers
Can super be split after separation?
Yes, through a superannuation agreement or a court order, by a fixed amount or a percentage.
Can I withdraw my share of a super split as cash?
Generally no. It remains in super and subject to preservation rules.
Sources
- Attorney-General's Department: Superannuation splitting
- ATO: Superannuation and relationship breakdown
- Family Relationships Online: Money and property
General advice warning. This article is general information only and does not take into account your objectives, financial situation or needs. Rules, rates and thresholds change; check the sources above. Consider the relevant PDS and our Financial Services Guide and seek personal advice before acting. FinForce is a Corporate Authorised Representative (No. 001241242) of Financial Force Pty Ltd, ABN 42 091 425 464, AFSL 238337.