Separation and super splitting

Separation or divorce can be emotionally and financially difficult. If you split, it’s important to understand how it might affect your super.

Super can be one of your most valuable assets. You don't always have to split your super in a divorce or separation unless the court orders it. But if you are unsure of whether you should split your super, you should seek legal advice.

How to split your super

There are generally two ways to split your super:

Make a financial agreement

You and your former partner can make a financial agreement about how your super will be split. You’ll both need to get independent legal advice before signing a financial agreement.

Court order

The court can determine how super is split if you can’t settle it yourselves. There are two types of court orders:

• Consent orders – Consent orders are for separated couples who can agree how to divide your super. If the court considers the split is fair, it makes it binding.
• Court order – Court orders are for separated couples who can’t agree how to divide your super. The court holds a hearing and determines how to split the super.

What happens after super is split

After the split, the amount of money in the agreement or court order will generally be taken from the account. If the split happens after the specified date on the court order or agreement, there might also be an adjustment.

Generally, the money can be transferred into an existing super account or either of you can start a new super fund account.

Find out more

Dealing with divorce, separation and super can be complicated, but these resources can help you through the process:

• The Family Law Court provides factsheets explaining how the law deals with super when couples split.
• Getting legal advice can help you understand your rights and how the law applies to your situation. You can check ASIC Moneysmart's list of free legal services.
• Moneysmart also has a useful divorce and separation financial checklist for a guide to help you through the process.

We’re here to help

To get your retirement savings on track after separation or divorce, some professional financial advice may help.

We have qualified financial advisers¹ who can help you online or over the phone with simple advice about your account. We include this service in the fees you pay.

We aim to make it easy to get advice by offering:

Online Advice¹ – Log in to Member Online for our online advice service about your super.

Phone Advice¹ – Call 1300 360 750 for simple over-the-phone advice about your account.

Your Adviser – We can work with your adviser. If you don’t have one, we may refer you to an accredited external financial adviser.²

Book an appointment or find out more about our financial advice options.

1. Employees in the Australian Retirement Trust group provide advice to members and employers as representatives of QInvest Limited (ABN 35 063 511 580, AFSL 238274) that is wholly owned by the Trustee as an asset of Australian Retirement Trust. QInvest Limited is a separate legal entity responsible for the financial services it provides. Eligibility conditions apply. Refer to the Financial Services Guide at qsuper.qld.gov.au/guides for more information.
2. The Trustee has established a panel of accredited external financial advisers who are not employees of the Australian Retirement Trust group. The Trustee is not responsible for the advice provided by these advisers and does not receive or pay any referral fees. These advisers will explain to you how their advice fees are determined.