ARTICLE · 02 SEPTEMBER 2016

Superannuation splitting between partners after relationship breakdown

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A superannuation interest or superannuation payment may be split between partners when the relationship has broken down.

AustraliaFamily and Matrimonial

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In accordance with the Family Law Act 1975 and the Superannuation Industry (Supervision) Act 1993 an interest in superannuation or superannuation payment may be split by agreement or court order between partners where the relationship has broken down.

What can be split?

Most superannuation interests may be divided between the former partners. However, exceptions include superannuation payments made from a fund on compassionate grounds, payments made due to severe financial circumstances or for health reasons or superannuation interests under $5,000.

What options are available?

Partners wishing to divide their superannuation interests have three avenues:

Splitting a superannuation interest though a 'payment' or 'interest' split

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