Understanding Superannuation in Property Settlements
Superannuation is often one of the largest assets to consider during a separation — but it’s also the one most people understand the least. If you’re dividing assets after a relationship breakdown, knowing how superannuation works can help you make informed, confident decisions.
Is Superannuation Part of a Property Settlement?
Yes. Superannuation is treated as property under Australian family law. That means it can be split between parties during a settlement, just like other assets.
The goal is not to “win” or “lose” super — it’s to reach a fair and practical outcome that supports both parties into the future.
How Superannuation Is Valued
Each type of super fund has a different method for calculating its value. Common approaches include:
The balance shown on your member statement
A formal valuation (often required for defined benefit funds)
Actuarial valuations for more complex schemes
Understanding the true value of your super helps ensure a fair outcome.
Disclosure Is Essential
You are legally required to fully disclose your superannuation information during a settlement. The new legislation emphasises transparency even more strongly.
This includes:
Balances
Fund names
Account numbers
Any recent withdrawals
Contributions made during the relationship
Full disclosure protects you and prevents delays or disputes later.
How Super Splitting Works
You can split superannuation in several ways:
A base amount transfer (e.g. $50,000)
A percentage split (e.g. 40% of a balance)
Offsets with other assets (e.g. retaining more property instead of super)
Super can also be split without releasing any funds immediately — they remain preserved until retirement age.
Why Superannuation Matters
Super decisions can have long-term effects on your financial future. Splitting super fairly helps ensure:
Long-term stability
Retirement planning
Income security
Fair distribution of contributions made during the relationship
Our Approach
We help you understand your entitlements clearly and calmly, without complicated jargon. With a focus on fairness, transparency, and long-term wellbeing, we guide you through each step of the settlement process.
If your situation includes business assets, self-managed super funds, or multiple accounts, we’ll take the time to walk you through every detail.
Superannuation might feel complex, but with the right support, it becomes manageable. We’re here to help you feel confident, informed, and secure as you plan your next chapter.
