Do you have to split superannuation in a divorce?
You don't always have to split your super in a divorce or separation, unless the court orders it. But
if one of you has more super than the other, it's something to consider. It will depend on your
situation.
The same applies to de facto couples after separation.
We recommend getting legal advice before making these decisions. A lawyer can advise you about your
rights, the pros and cons, and how the law applies to your situation. It's also a good idea to check
Moneysmart's list of free legal services.
Moneysmart also has a useful divorce and separation financial checklist. You can use it as a guide to
help you through the process.
How is super split?
You can split your super with a financial agreement or by getting a court order.
If you and your ex-partner agree on how your super will be divided, you can either:
- Apply for a court order to make it official, or
- Tell a lawyer to prepare a binding financial agreement.
If you can't agree on how to split your super, you can ask the courts to decide.
What do I need for QSuper accounts?
It usually takes 3 steps to split super if you or your ex has a QSuper account.
Prepare your property settlement. Consider getting legal
advice about dividing up your assets and debts. Find out more about what to do for your
super in our factsheet (pdf).
Where to send your settlement documents
If you or your ex-partner have a Super Savings account with Australian Retirement Trust, check the
ART website for the right forms and information.
Send documents for QSuper accounts to:
Post:
QSuper Member Services, GPO Box 200, Brisbane QLD 4001
Send documents for Super Savings accounts to:
Post:
Australian Retirement Trust, GPO Box 2924, Brisbane QLD 4001
How much does a super split cost?
We don't charge fees for information about QSuper accounts or paying a super split. But some
super funds do. So it's worth asking them so that you can budget for it.
What if my ex-partner has an SMSF?
If your ex is with a self-managed super fund (SMSF), the steps to split their super may
be more complicated. So it's best to seek legal
advice.