Superannuation is a way couples can plan for their future, building a pot of gold together. But what happens if your relationship ends? The Family Law Act 1975 and the new Family Law (Superannuation) Regulations 2025 work together to provide a legal framework for splitting superannuation, the information a super trustee must provide about super interests, valuing super interests, and putting the split into effect.
Super is considered property
Under Australian law, superannuation is treated as property. This means that, like the family home or other savings or investments, your super is part of the bundle of assets and liabilities to be assessed and divided between spouses on separation.
Taking steps towards super splitting
There are steps you need to take as part of the splitting process:
Valuing your super: First, you need to determine the value of your superannuation interest, which is the right you have to your money held on your behalf in your super fund. To request this information from a super fund trustee you need to be an “eligible person”, ie, the member of a super fund, the member’s former spouse, the legal personal representative of the member or former spouse in the event either has died, or a person intending to enter into a super agreement with the member. The super trustee may charge a fee to supply information regarding the value, or how to help calculate the value, of your super interests.
In the case of accumulation interests, the value of your super interest is essentially the account balance in your fund. For more complex interests such as defined benefit interests, interests in self-managed superannuation funds or partially vested accumulation interests, valuation may need to be carried out by an expert adviser.
Documenting a super split: If you both agree, the split needs to be formalised as a superannuation agreement or a consent order setting out how super will be divided (as a dollar or a percentage figure). To be legally binding, a super agreement requires that you both have independent legal advice before signing; or you can apply to the family courts (the Federal Circuit and Family Court of Australia or the Family Court of Western Australia) for legally binding consent orders. If you can’t come to an agreement, you can ask the family courts to decide how super should be split alongside other property orders.
Notifying the super trustees of an agreement/order: To be binding, an agreement must be served on the trustee as soon as possible after it has been made. If consent orders are sought, a copy of the proposed orders need to be sent to the trustee at least 28 days before filing with the court. If the trustee does not object, the orders can then be filed.
For family court orders, the trustee must be advised of the proposed orders and date of trial 28 days before the first day of trial, and served a sealed copy of the orders after the court has made them.
Generally, super agreements or court orders take effect on the fourth business day after the day the agreement or order is served on the trustee. The super fund trustees will manage the implementation of the agreement or orders, and the process will depend on the type of super interest involved.
Get the right support
Navigating separation is a challenging experience, even without the complex super splitting process. A financial expert with experience in separation settlements can help guide you.
