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

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.

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