Dividing Superannuation After Separation
Dividing superannuation after separation can be complex because super is treated as property under Australian family law, and Law Tram helps you connect with licensed Australian lawyers who can explain how super splitting works. This obligation-free online service supports you in understanding valuations, splitting orders, consent orders and fund requirements so you can make informed decisions about your financial future.
Unsure how superannuation is handled in a separation?
Many people are surprised to learn that superannuation is treated as property under Australian family law and can be divided between separating partners, just like other assets. But the rules for splitting super are different from cash or property, and you’ll need legal advice to ensure it’s done properly.
Whether you’re married or in a de facto relationship, you don’t need to wait until retirement. You can make an agreement now or apply to court for a superannuation split even if the super is in just one person’s name.
Law Tram connects you with lawyers who understand the process and can help you protect your retirement savings or claim what you’re entitled to.
Law Tram's Legal Partners can assist with superannuation matters, including:
- Explaining how superannuation is treated under family law
- Identifying all superannuation interests, including defined benefit schemes and self-managed super funds
- Helping you value your partner’s superannuation accurately
- Negotiating a fair division of super as part of a property settlement
- Preparing Consent Orders or Binding Financial Agreements for super splitting
- Advising on super splitting in de facto relationships
- Understanding how superannuation affects your overall settlement
- Applying for a court-ordered split if your ex won’t cooperate
- Assisting with time limits and procedural steps
- Ensuring compliance with super fund and Family Court requirements
Why choose Law Tram
- Connect with lawyers experienced in superannuation splitting
- Secure and private intake to outline your financial circumstances
- Fast guidance on valuations, fund requirements and splitting options
- No obligation to engage a lawyer unless you choose to proceed
- Lawyers help you understand how super fits into your property settlement
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your family law matter and personal circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your situation while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You are under no pressure to retain any lawyer unless you are confident in their ability to assist. Law Tram empowers you to make informed decisions.
What others are saying
Legal information only – not a substitute for advice
This page provides general legal information only. It is not legal advice and should not be relied on as such. Superannuation splitting involves technical rules and deadlines. You should seek advice from an Australian Legal Practitioner to ensure your rights are protected.
Note: “Free service” refers only to Law Tram’s platform and process, not the legal advice itself.
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in dividing superannuation after separation. Whether you need help valuing super interests, preparing a splitting agreement or finalising consent orders, our platform helps you access tailored legal advice before you proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
Yes. Super is treated as property and can be split by agreement or court order as part of a financial settlement.
Yes. Super doesn’t have to be in joint names to be included in a property settlement.
A specific amount or percentage is rolled over from one person’s super fund to the other’s. This must be done according to strict legal and fund rules.
Your lawyer can request a superannuation information form from the fund to obtain accurate details.
Yes. Married couples must apply within 12 months of divorce. De facto couples must apply within 2 years of separation.
Super funds do not “approve” the split but must be notified and given procedural fairness before orders are made. A lawyer can help ensure the notice requirements are met.
Yes. De facto couples have the same rights as married couples when it comes to superannuation splitting. A lawyer can explain eligibility and the steps involved.
Time frames vary between funds, but most process valid splitting orders within several weeks. A lawyer can help you avoid delays by ensuring the order meets the fund’s requirements.