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 and this will depend on your personal circumstances.
The same rules apply to de facto couples after separation.
We recommend getting legal advice before making these decisions, because a lawyer can advise you about your rights, the advantages and disadvantages, and how the law applies to your situation. You may wish to check MoneySmart.gov.au's list of free legal services.
MoneySmart.gov.au also has a useful divorce and separation financial checklist you can use as a guide during this process.
How is super split?
Superannuation can be split by entering into a financial agreement or by obtaining a court order.
If you agree with your partner on how your super will be divided, you can either:
- Apply for a court order formalising your agreement, or
- Instruct a lawyer to prepare a binding financial agreement.
If you can’t agree on how your super will be divided, you can ask the courts to decide.
What do I need for QSuper accounts?
The process for splitting super if you or your or former partner has a QSuper account usually involves three steps.
Prepare your property settlement: Consider getting legal advice when preparing a property settlement (your agreement or court order about dividing up your assets and debts).
Documents for QSuper accounts can be sent to:
Post:
QSuper Member Services, GPO Box 200, 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. However, some super funds do charge fees, so it's worth asking them so that you can budget for it.
What if my former partner has an SMSF?
If your former partner 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.