Is My Ex Wife or Ex Husband Entitled to My Superannuation? If so, how much?

Superannuation is treated as property under the Family Law Act 1975. It differs from other types of property because it is held in a trust. Superannuation splitting laws allow superannuation to be divided when a relationship breaks down between an ex wife or ex husband. The orders are made to the Trustee of the super fund.  Orders can be by consent if the parties agree, or at the request of either party the court can include super splitting as part of a property order. The superannuation splitting laws apply to couples who were married or certain de facto relationships and couples who haven’t settled their property arrangements.

Splitting does not convert the superannuation into a cash asset – it is still paid out according to superannuation laws (for example, it is usually retained until retirement ages are reached).  You must get legal advice about the payment splitting agreement or it won’t be binding on the trustee of the superannuation fund.

A valuation of the super can be obtained by sending a Form 6 to the trustee, which establishes that you are entitled to the information, and a Superannuation Information Request Form.