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News Hub Superannuation

Separation and super splitting

Superannuation Finance
19 December 2023 5 min read

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.

super and divorce

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.

3 steps to valuing and splitting your super if you have a QSuper account

  1. Find out how much you both have in super. Use our Family Law Declaration and Request for Information form for QSuper accounts, or the Federal Circuit and Family Court of Australia’s Superannuation Information Kit for another super fund.
  2. Decide how to split your super and make an agreement or get a court order. For a consent order or court order, we need to see the draft orders at least 28 days before you send them to the court. This is a legal requirement, so that we can let you know if the document has everything we need to split your super. Consider getting legal advice so you understand your rights and responsibilities and how the law applies to your specific circumstances.
  3. Send us the settlement. If the order specifies it, send a certified copy of your agreement or court order to us or your other super fund, together with a Non-Member Spouse Information Collection form if it's a QSuper account.

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.
Heart

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.

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