Navigating the Superannuation Split Post-Separation

7/21/2024

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4 min read

Learn the ins and outs of superannuation splitting after a separation. Understand legal requirements, valuation methods, and the impact on your financial future.

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Superannuation and Property Settlements

Superannuation is a significant asset in many relationships and must be considered in property settlements post-separation. Unlike other assets, superannuation is held in trust until retirement, complicating its division. The Family Law Act treats superannuation as property, allowing couples to value and split their superannuation entitlements.

Valuing and Splitting Superannuation

To split superannuation, you need to obtain its current value, which may require an actuary's assistance for certain funds. Once valued, the superannuation can be divided by agreement or through a court order. The split does not result in immediate cash but rather a transfer of superannuation benefits to the respective funds of each party.

Seeking Legal Advice

It's essential to seek legal advice when dealing with superannuation splits. The process involves understanding your entitlements, complying with superannuation laws, and ensuring a fair division that supports both parties' futures. Professional guidance can help navigate this complex process and achieve an equitable outcome.

Separately.ai can give you the starting direction, saving time when consulting with a financial or legal professional.