Understanding superannuation during a divorce or separation

When a marriage or de facto relationship ends, you may be entitled to a superannuation split as part of the property settlement. While it may not be the case for all relationships, superannuation splits can apply to marriages or de facto relationships, and to couples of any gender.

In most property settlements, the Family Law Act 1975 (Cth) ("The Act") outlines how assets are divided based on the length of relationship and the contributions of each party. Superannuation can be included in this division of assets, but in accordance with Part VIIIB of the Act, it is handled a little differently. If you are in Western Australia, your interests may be covered by different legislation.