Can superannuation be split?

Changes in the law were introduced in December 2002 which enabled the Family Court to make orders that enable a party to a family law matter to split their superannuation and have a percentage or a set amount transferred from their superannuation fund to the superannuation fund of their spouse.

Superannuation is now considered as a property asset in a marriage/de facto relationship.

The superannuation Splitting Orders are binding on the Trustees of the superannuation funds.  The interest in a party’s superannuation can be calculated and if necessary valued.  Our family lawyers will provide you with access to qualified experts who can value a superannuation entitlement if necessary whether it is an accumulated or defined benefit interest.  It is also necessary to consider the taxation of the superannuation entitlement when a valuation is undertaken.