What happens to super when you divorce or separate?
When you're dividing up property and finances during divorce or separation, it's worth thinking about superannuation. Super is classed as a type of property under Australian family law, but the process to split it is different to other types of property.
Superannuation splitting for divorce or separation is different to contribution splitting with your partner.
You don't always need to split your super, but if you choose to, you'll need either a binding financial agreement (BFA), court orders or consent orders from the Court.
This involves the Federal Circuit and Family Court of Australia – unless you're separating through the Family Court of Western Australia. When we say "the court", we mean the court you're dealing with.
Do you have to split superannuation in a divorce?
Super is a type of property in separation or divorce, and you can choose whether or not to split super. Superannuation is often the largest amount of money Australians have, so when you're splitting your finances, super can be a big part of it.
Your lawyer can give you advice about whether you should split your super or not.
Getting legal advice and financial advice
A lawyer can explain your rights, how the law applies to you, and the pros and cons of different options. Check the government's Moneysmart website for information about free legal advice services that could help, and their divorce and separation financial checklist.
You can also get financial advice. Advice about your account with us is included in your membership, or we can help you find a financial adviser to look at your whole financial situation.
How to transfer superannuation to a spouse for divorce
There are a few steps for how to split superannuation in a divorce if you or your ex-partner have a Super Savings account with Australian Retirement Trust.
Your next steps
After such a big life change, there are other things you might need to update. You might need to let us know your new address, or change who would inherit your super if you die (your beneficiaries). You can usually do this online, but please call us if you need any help.
Update your details
Log in to change your name or contact information.
Change beneficiaries
Tell us who should get your super when you die.
Update insurance
Check your insurance is still right for your situation.
Account privacy
Check or change who has authority to access your account.
FAQs about superannuation and divorce
If you have any questions about the process, please give us a call. Our friendly team are here to help.