What would a super split actually move?
Add each side's funds and choose a split. You will see your combined super pool, each side's target, and the exact transfer needed to get there. Nothing you type leaves your browser.
Your super funds
Add each fund and balance. Tap a quick-add chip to drop in an example, the same way you enter super inside Separately.
Fund 1
Quick add an example
Your ex-partner's funds
Fund 1
Quick add an example
A 50/50 starting point is common, but the right split depends on your whole settlement, not just super.
How superannuation is split after separation in Australia
Superannuation is treated as property under Part VIIIB of the Family Law Act 1975 (Cth). It sits in the same property pool as the home, savings and everything else when a settlement is worked out under section 79 for married couples or section 90SM for de facto couples. Even though neither of you can spend it today, it still counts.
There are two formal ways to split super: a superannuation agreement (a kind of binding financial agreement) or a court order, which most separating couples obtain as consent orders without ever attending a hearing. The trustee of the fund being split must be given procedural fairness, which in practice means sending the proposed orders to the fund so it can confirm they can be implemented.
A split does not turn super into cash. The transferred amount stays inside the super system, usually rolled into a fund in the receiving partner's name, and the normal preservation rules still apply. Each of you can only access your super once you meet a condition of release, such as retiring after preservation age.
Two cautions. First, defined benefit funds need a special valuation: the balance on the statement is not the family law value. Second, time limits apply to property settlements generally, 12 months from a divorce order for married couples and 2 years from separation for de facto couples. Many couples also choose not to split super at all and balance it against other assets instead, which is exactly why it helps to see the whole pool in one place.
This is general information, not legal advice. Balances you enter are statement values; the family law value of some interests, especially defined benefit funds, can differ and may require a formal valuation. Every situation is different. For advice on your circumstances, speak with a qualified Australian family lawyer.
Common questions
Is super included in a divorce settlement in Australia?
Yes. Superannuation is treated as property under the Family Law Act 1975 and forms part of the property pool for both married and de facto couples. It can be split between you, or balanced against other assets such as the home.
How is super split after separation?
Through a superannuation agreement or a court order, which most couples obtain as consent orders without a hearing. The trustee of the fund being split must be given procedural fairness before orders are made, and the trustee then implements the split.
Do I lose my super if we split it?
No money is cashed out. A split moves part of one person’s super into a fund in the other person’s name. It stays inside the super system for both of you and is preserved until each person meets a condition of release, such as retiring after preservation age.
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Join the waitlistData sources & references
- Superannuation and relationship breakdown, including how a split works inside super: Australian Taxation Office.
- Superannuation splitting, procedural fairness and the court process: Federal Circuit and Family Court of Australia.
- Splitting orders for superannuation interests (Part VIIIB): Family Law Act 1975 (Cth) s 90XT.
These figures and legal points are general information for context only. They are not advice and not a prediction about any individual situation.