Superannuation is a way for couples to plan for their future together, building savings for retirement. But what happens if your relationship comes to an end? The Family Law Act 1975 and the new Family Law (Superannuation) Regulations 2025 work together to create a legal framework for dividing superannuation, including what information a super trustee must provide, how to value super interests, and how to implement the split.

Superannuation as Property

Under Australian law, superannuation is considered property. This means that, like the family home or other assets, your super is part of the pool of property to be assessed and divided between spouses when a relationship ends.

Steps for Super Splitting

Here are the key steps in the super splitting process:

Valuing Your Super:

To split superannuation, the first step is to determine the value of the superannuation interest — essentially, your entitlement to the money in your super fund. To request this information from a super fund trustee, you need to be an “eligible person,” which could be:

The member of the super fund

The member’s former spouse

The legal personal representative of the member or former spouse if either has passed away

A person intending to enter into a super agreement with the member

The super trustee may charge a fee for providing this information or for helping calculate the value of your super interests. For accumulation interests, the value is generally the account balance in your fund. For more complex interests, such as defined benefit funds or interests in self-managed super funds (SMSFs), you may need to engage an expert adviser to carry out the valuation.

Documenting a Super Split:

Once you agree on how the super will be divided, you must formalise the arrangement through a superannuation agreement or consent order that outlines the split (as a dollar amount or percentage). For the agreement to be legally binding, both parties must receive independent legal advice before signing. Alternatively, you can apply to the family courts (either the Federal Circuit and Family Court of Australia or the Family Court of Western Australia) for legally binding consent orders. If you can’t reach an agreement, the family courts can decide how the super should be split alongside other property orders.

Notifying the Super Trustees:

To be effective, the agreement must be served on the super trustee as soon as possible after it’s made. For consent orders, the proposed orders must be sent to the trustee at least 28 days before filing with the court. If the trustee does not object, you can then file the orders with the court. For family court orders, the trustee must be advised of the proposed orders and trial date 28 days before the trial starts, and a sealed copy of the orders must be served on the trustee once the court has made them.

Generally, super agreements or court orders take effect on the fourth business day after being served on the trustee. The super fund trustee will handle the implementation of the agreement or orders, and the process may vary depending on the type of super interest involved.

Get the Right Support

Navigating a separation can be a challenging experience, especially when dealing with the complexities of super splitting. A financial expert experienced in separation settlements can provide valuable guidance to help you through the process.