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Divorced - will you need to split superannuation?

Ok, so the marriage has ended and you've already divorced, but you still have some property settlement issues to deal with.  Will you need to split superannuation or just other assets?

When getting a divorce there are two processes to consider:

  • dissolving the marriage; and
  • dividing the financial property, spousal maintenance (if applicable), child support and parenting issues.

If you are separated but not yet divorced please go to separation agreements for married couples.

Settling property, maintenance and child support issues

When dividing the financial aspects of the marriage, there may be several issues that need finalisation.  In our experience, most of the minor issues such as bank accounts, cars, furniture and so forth have already been addressed by the time the couple have received the decree nici. However, you may still need to deal with some of your more valuable assets.

Quite often there is a house (or a number of properties) involved.  Properties may be sold and the proceeds divided, or one partner might remain in the family home and some money changes hands.

Both these scenarios are easily dealt with in the standard divorce financial agreement.

However when it comes to superannuation, you need to decide if each party will keep their own superannuation accounts as they are, or if one or both funds will be split.

Do you need to split superannuation interests?

No Super Split

Yes Super Split