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My Ex-Spouse Wants My Super Dividing Superannuation in 2024

 

Superannuation can be divided between separating spouses with varying degrees of complexity from simple to quite detailed depending on circumstances. 

Several critical factors come into play when deciding if and how your superannuation can be divided.

Table of Contents

What Is Superannuation?

Superannuation, or super, is the accumulated funds typically contributed by an employer throughout the working life of an employee. 

Some people choose to make voluntary contributions to a super fund particularly later in their working lives. 

It’s a form of forced savings aimed at ensuring suitable funds are available upon retirement. 

Funds are usually only accessible after retirement but can be reassigned through a court process.

Dividing of superannuation, free e-book download. Does my spouse get half my super in a property settlement

Is Superannuation Considered An Asset In Property Settlements?

Yes, super is considered an asset in property settlements.

Just like bank account funds or cars or houses, superannuation is included when dividing assets between separating parties.

Splitting house and assets during super and property settlement


Is My Spouse Entitled To Half My Super?


Not necessarily. 

Factors such as other assets, prior super contributions, earnings differential, and childcare responsibilities will influence the division.


How Is Superannuation Fairly Divided?

 

Dividing superannuation fairly involves assessing all assets, including real estate properties, vehicles, machinery, cash, and shares. 

Super balances are often unequal between parties, so a fair division might not be a simple 50/50 split when all assets are considered.

Does my spouse get half my super in a property settlement


Important Factors In Dividing Superannuation

Several factors influence how superannuation is divided:

The length of the relationship

Initial contributions by either party

Major contributions during the relationship, like inheritances

Future needs of the parties, including the cost of caring for children and earning potential

Proximity to retirement age

How Is Superannuation Actually Split?

Superannuation can be split by transferring a chosen amount from one person’s super fund to a fund held or established by the receiving party via a process involving consent orders approved by the court and communicated to the respective super funds. 

The transfer cannot occur as a cash payment and must be received by another super fund.

Documenting The Division Of Superannuation

There are two ways to officially document the division of superannuation:

1)     Binding Financial Agreement: An agreement signed by both parties after receiving independent legal advice.

 

2)     Application for Consent Orders: This involves filing paperwork detailing the agreed division of assets, including superannuation, with the court to be officiated.

 

Both documents are formally recognised by super funds for the purpose of transfer during a property settlement.

Couple in mediation

Practical Examples Of Superannuation Division

Example 1: Greg and Wendy, married for 40 years, decided on an equal distribution of their $1.5 million in assets. They sold the family home for $1 million. 

Wendy receives $750,000 from the home sale, while Greg keeps his $500,000 super and $250,000 from the sale of the home.

Example 2: Josef and Haatsari, married for 5 years, have $550,000 in assets. 

Haatsari keeps 65% ($357,500), reflecting her substantial initial super contribution, while Josef receives 35% ($192,500) in other assets.

Example 3: Paul and Irena married for 25 years and own 2 properties of equal value. 

They agreed to each keep one property and split Paul’s $370,000 super equally by transferring $185,000 in super funds to Irena.

The Team at Your SuperSplit has extensive experience in preparing paperwork for superannuation division. 

If there is uncertainty or dispute, mediation is recommended as a cost-effective solution.

For assistance or advice, contact us at help@supersplitonline.com.au or visit supersplitonline.com.au. 

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Your Online Legal Group Staff

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