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I’m getting divorced

If you’re considering getting divorced or ending a de facto relationship it’s helpful to understand how your super will be affected.

Splitting super

Australian family law treats superannuation as property that can be divided or split when a marriage or de facto relationship ends.* Any super you split is still preserved until you reach your preservation age. Your superannuation can be split by a superannuation agreement or court order as part of a property settlement. You can even enter a superannuation agreement before you separate, although you do need to consult a solicitor to do so. The splitting laws are very specific about the process couples must go through in order to split their super, as well as the things a super fund’s trustee must and must not do.

* Western Australia has different laws in relation to de facto relationships.


There are costs associated with splitting your superannuation. In addition to legal fees, super funds charge fees for some of the things we need to do to split super. NESS Super charges a fee for the lodgement and processing of a family law split (known as a Family Law Fee) as well as a Contribution Splitting Fee. There is no fee for flagging a benefit is to be split before a superannuation agreement is made. Find full details in More About NESS Super.

More information

For general information go to the Family Law Courts website. Please call us if you need any forms related to super splitting.