Superannuation
If you have recently separated from your spouse we can help you split your superannuation. Dividing assets is a challenging aspect of any relationship breakdown. Rather than trying to manage everything yourself, seeking legal advice can make this process less stressful.
Superannuation is ‘property’. It, therefore, forms part of the matrimonial or de facto relationship property pool. If you don’t know how to split your superannuation, our Brisbane divorce lawyers can provide you with valuable legal advice and guide you through the process.
Superannuation Laws
In Australia, the division of assets is considered a necessary part of separating. If you were married or in a de facto relationship, your superannuation is treated like any other asset. For de facto couples, superannuation laws only apply if your relationship broke down on or after 1 March 2009.
Upon separating, couples may have their superannuation valued and split. When dividing your assets, you should attribute an accurate value to your super fund. Your ability to do so may depend on your superannuation policy and whether your account is still in the accumulation phase. If your superannuation is valued at more than $5000 it can be split.
Splitting Your Superannuation
The process of splitting your superannuation can vary depending on your circumstances. In most cases, separated couples must take the following steps:
- Evaluate your superannuation – the value of you and your former partner’s superannuation should be evaluated before it can be split. If you are not a member of your former partner’s superannuation fund, you can access their details by request. Some super funds also charge a fee for providing this information.
- Apply for a court order – if a superannuation agreement cannot be reached between you and your former partner, you will need to apply for a court order. A court-issued financial order will determine how your superannuation should be split.
- Split your superannuation – when splitting your superannuation, it’s important to note that super funds are not a typical cash asset. Some super benefits cannot be paid until the beneficiary retires. This means that you may not be able to access the funds straight away, rather a split amount is ‘rolled-over” to a new superannuation account.
How Does the Court Split Superannuation?
The court can take different approaches when deciding how to divide a couple’s super fund. These are some of the most common ways superannuation features in divorce and separation settlements:
- One spouse’s settlement may feature a portion of their partner’s superannuation.
- One spouse may receive a greater portion of superannuation and less of a share in other assets. For example, the family home may be awarded to one partner, while the other receives more superannuation.
- If one spouse has a substantial amount of super while their partner has none, the court may decide to split the fund 50/50. Super can be split in any percentage.
Splitting your superannuation allows for greater flexibility when structuring a property settlement. If you’re worried that the law may put you at a disadvantage, remember that the court treats each case individually. The unique circumstances of your separation will be taken into consideration, ensuring a reasonable outcome.
FAQs
Q. Can any kind of superannuation not be split by a court order
A. Yes. The law states that some superannuation interests are ‘unsplittable’. For example, if your super fund contains less than $5000, it cannot be split. There are other conditions in which some superannuation interests may be excluded from court orders, but only in special circumstances. To find out if any of your superannuation is ‘unsplittable’, always seek legal advice.
Q. Do I have to have my superannuation valued before it can be split?
A. You are not required by law to have your superannuation valued, but it would make sense to do so. By having your fund valued, splitting it accurately is much easier.
Q. What if I want to delay making a decision on how to split my superannuation?
A. If you need to defer your decision for some reason, you can make a flagging agreement. This prevents the fund’s trustee from taking any kind of payment away from the fund until the flag is lifted.
Q. What if I can’t reach an agreement with my former partner on the value of our superannuation?
A. The court will decide on the value of your superannuation if you can’t reach an agreement with your former partner.
Speak to One of Queensland’s Largest Family Law Firms
Superannuation laws are confusing. Trying to split your super without the help of an experienced divorce lawyer can make your relationship breakdown even more taxing and emotionally draining. Our family lawyers have the skills and knowledge to guide you through the process of splitting your assets.
We hope this information is helpful. If you require assistance or advice on matters relating to splitting superannuation in the event of a divorce or relationship breakdown, contact Michael Lynch Family Lawyers by phoning (07) 3221 4300. We offer fixed-cost no-obligation appointment with our family law specialists. Depending on your location, whether you’re on the northside, southside or in Brisbane City, our family law solicitors can meet with you in person, or discuss your situation by phone or video by SKYPE, Zoom or Microsoft Teams.
Client Testimonials
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.
Your team is professional, warm, friendly and real.
I liked my solicitor keeping things as simple as possible.
Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.
We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
So pleased to have had a good, sound and knowledgeable firm.
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
My solicitor is a good listener. My documentation maintained the high moral ground.
I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.
Michael is very personable and very good at covering the material and explaining the strategy.
After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
Your newsletters are great, I appreciate them.
I would like to thank your firm for the support and compassion shown while dealing with my matter.
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
Michael Lynch Family Lawyers know what they are talking about.
You, guys, provide extraordinary service.
At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!
I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.
Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
I like your friendly service and the ability to speak to my solicitor directly.
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.
Your staff is knowledgeable, professional and very calm.
My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.
Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.
I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.
I appreciate my lawyer’s professional approach and her being on top of my situation.
Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
Many thanks for your assistance – life is now great – I’m moving on.
I was always confident that I was getting the very best advice.
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
Michael Lynch Family Lawyers are easy to deal with, and your systems are good.
I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!
I really appreciated the happiness of your secretarial staff.
Your team’s communication with me was exceptional, I knew exactly what was happening.
subscribe to our
FAMILY FLYER
The Family Flyer is a monthly e-mail newsletter. It contains a mix of short topical articles to keep you up-to-date with family law issues.Subscribe now and receive a FREE copy of A Guide To Family Law by Family Law Specialist, Michael Lynch containing information valued at over $500.