Divorce and Superannuation: What Townsville Couples Should Know
01/10/2025
Divorce is never easy. Along with the emotional challenges and possibly new family dynamics, many separating couples also need to work through practical issues like dividing property, money, and even superannuation – which many people often forget.
Although many people don’t realise that superannuation is subject to fair division in a divorce settlement, the way it gets divided can have a huge impact later on in life. That’s why it’s so essential to understand how super is treated during divorce and what steps you should take to protect yourself.
At Preston Law, our family lawyers in Townsville have helped many couples through this process. With the right information and support, you can ensure that everything is handled fairly and with your long-term financial wellbeing in mind.
Why Superannuation Matters in Divorce
Superannuation is more than just a retirement fund, it’s an asset, similar to property, savings, or investments. Under Australia’s Family Law Act 1975, superannuation must be included in the asset pool when couples are dividing property after a divorce or de facto separation.
This means:
- Your super balance, plus your ex-partner’s, will be valued and considered.
- Super can be split between parties even though it cannot be accessed immediately (it remains preserved until retirement).
- Courts aim for just and equitable arrangements, not necessarily a 50/50 division.
How It’s Worked Out
Before super can be divided, it needs to be properly valued. This usually starts with getting up-to-date statements from both super funds. For most people with regular accumulation funds, the balance on the statement is all that’s needed.
Once everything is valued, super is considered alongside your other assets, such as the family home, savings, investments, and debts.
What Happens if It Goes to Court?
Many couples sort these issues out by agreement or through mediation, but if things do end up in court, a judge will look at the bigger picture. That includes:
- How long you were together
- What contributions you each made (financial and non-financial, such as raising kids or homemaking)
- Future needs – e.g. if one partner has a higher earning capacity or if children will live mostly with one parent
In other words, superannuation is just one aspect in making sure both people can move forward securely.
Options for Splitting Super
There are two main ways to divide super after divorce:
- You reach an agreement: You and your ex can agree on how to split things, and lawyers can put this into a legally-binding document so there are no misunderstandings later.
- A court order: If you can’t agree, the court can make a decision for you, either by approving an arrangement you’ve come up with together (known as a consent order) or by making its own order after a hearing.
Either way, the process doesn’t give you superannuation as cash-in-hand. Instead, the agreed portion is transferred into your super fund account, where it stays until retirement, like normal.
What About De Facto Relationships?
It’s not just married couples who need to think about super. In Queensland, people in de facto relationships (including same-sex couples) are covered by the same rules.
Why Early Legal Advice Helps
Trying to work out superannuation on your own can quickly get confusing, and misunderstandings often lead to arguments. Speaking to an experienced divorce lawyer in Townsville early on often makes the whole process much easier.
At Townsville Family Lawyers, our divorce solicitors help by:
- Explaining your options in normal everyday language
- Gathering the right paperwork, so nothing gets missed
- Helping you negotiate a fair arrangement outside of court whenever possible
- Preparing agreements to give peace of mind for the future
- Representing you in court if things can’t be resolved through discussion
Steps You Can Take Now
In Queensland, couples must be officially separated for one year before filing for divorce. If you’re recently separated or thinking about separation, here are some practical actions that will make things easier later:
- Get your super statements and keep them on file.
- Encourage open communication with your ex if possible — it will save stress and money.
- Consider mediation before taking things to court.
- Keep the bigger picture in mind. Dividing super isn’t about the here and now, it’s about long-term security.
Want to Speak to an Experienced Lawyer in Townsville?
Dividing superannuation might not be the first thing you think about during a divorce, but it can have a big effect on your financial wellbeing down the track. With the right support, you can feel confident you’re making the best decisions for your future.
Our approachable team of solicitors in Townsville take the stress out of the process. We’ll guide you step by step, explain everything clearly, and make sure your interests are looked after with care.
If you’re going through a separation and want clear advice on superannuation or any other property settlement issues, get in touch with Townsville Family Lawyers today.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.