Often when clients come to our office, we are faced with the question of whether their superannuation entitlements are included in their family law separation.
In short, the answer is yes. Superannuation is treated as property under the Family Law Act 1975 (Cth) and can be divided between parties during a separation. In most cases, clients cannot access their superannuation at the time they come into our office given they have not reached retirement age, however it still forms part of the balance sheet that is available for division.
If you are struggling to balance a division of assets, liabilities and superannuation with your former partner, superannuation can be an effective tool. The Family Law Act allows for superannuation splitting orders, which means that one party’s superannuation entitlements can be divided or allocated to the other party, either by agreement, by way of consent orders or by a court order. This division does not convert into a cash payment however instead will transfer the superannuation entitlement to the recipient’s superannuation fund, whether that be an industry fund or Self-Managed Super Fund. It is important that you seek advice from a family law in relation to a superannuation splitting order, given that these orders are typically complex and are required to comply with the legislative requirements set out in the Family Law Act and the Family Law (Superannuation) Regulations 2025.
If you need advice on super-splitting Orders or the division of assets including Superannuation, please do not hesitate to contact our office. If you are seeking legal advice, contact Michael Conley Lawyers who have decades of experience in family law and are a dedicated family law firm – contact us today on (02) 9223 5299 or email lawyers@michaelconley.com.au to book a consultation.
This Blog was written by Lilliana Fante, Associate.