ADELAIDE FAMILY LAWYERS

Superannuation Splitting

Superannuation splitting, as the name suggests, involves dividing an individual’s superannuation between each spouse following divorce, separation, and breakdown of a relationship. In regards to the law, superannuation is viewed as property that can be split when separation occurs.

At White Berman Barristers & Solicitors, we understand the complexities of property division, including superannuation splitting, at such an emotionally charged time.

Independent Legal Advice: Why it is required

The Superannuation Splitting Agreement will only be considered a valid legal document if legal advice has been obtained. Not only will legal advice provide insight into the relevant laws and what legislation applies, it also ensures that your best interests are looked after and favorable outcomes are achieved. It will also protect your interests and ensure you have received what you’re entitled to receive.

If parties cannot reach an agreement in terms of superannuation splitting, the Courts will determine the arrangements.

Eligibility & the Family Law Superannuation Act (FLSA)

Under the Family Law Superannuation Act (FLSA), both married couples and de facto couples are eligible for superannuation splitting. There are certain date stipulations on this however.

Types of Superannuation

For the most part, all types of superannuation is eligible to be split; however, there are some exceptions to this. Additionally, all superannuation, regardless of if it was accumulated prior to the relationship, can potentially be split. Also, any superannuation that is less than $5,000 cannot be split.

The Super Split

When a divorce occurs, or a relationship breaks down, there are no set rules as to the formula in which superannuation splitting will occur. That is, it has to be fair and equitable, which does not automatically mean that it will be split equally between each partner.

White Berman Barristers & Solicitors can provide legal advice and assistance on all matters relating to superannuation splitting. Our experienced team in our Adelaide or Modbury offices are on hand to confidentially discuss your matter. Contact us today to talk to our of our family law specialists.