Superannuation Splits Explained: Guidance from Townsville Lawyers

When your relationship ends, dividing superannuation can feel overwhelming. Unlike your house or savings account, super isn’t something you can simply withdraw and split. It’s locked away until retirement, yet it’s often one of your biggest assets.

Here’s the reality: under the Family Law Act 1975, superannuation must be included when couples divide property after separation — whether you’re married or in a de facto relationship. Both your super balance and your ex-partner’s will be valued and considered as part of the overall asset pool.

Key Takeaways

• Superannuation is treated as property and can be split during separation
• Super remains preserved — you can’t access it immediately, even after the split
• You’ll need either a formal agreement or court orders to split super
• The trustee of the super fund must be notified 28 days before any orders are finalised
• Both married and de facto couples (including same-sex relationships) are covered

How Does Superannuation Splitting Work?

When couples separate, working out fairproperty settlement arrangements means looking at everything you own together. Your super balance sits alongside your home, cars, savings and debts in that calculation.

But super is different. According to theAttorney-General’s Department, while superannuation is treated as property for family law purposes, it differs from other assets because it’s held in trust and subject to preservation rules.

This means the split portion is transferred into a super account (either a new one or the non-member spouse’s existing fund), where it stays until retirement, just like normal super.

Two Ways to Split Super

You’ve got two main options:

Reach an Agreement

You and your ex can agree on how to divide things. Experiencedfamily lawyers in Townsville can help put this into a legally binding superannuation agreement or consent orders, so there are no misunderstandings later.

Court Order

If you can’t agree, the court can make the decision for you. This happens either by approving an arrangement you’ve worked out together (consent orders) or by making its own order after a hearing.

The Process: What to Expect

Before super can be split, you’ll need to find out how much it’s worth. This starts with getting up-to-date statements from both super funds. For most accumulation funds (the standard type most Australians have), the balance shown on your statement is the value you need.

Once you know the values, there are two ways to split:

• Base amount: A specific dollar figure (for example, $50,000 from one person’s fund)
• Percentage split: A percentage of the total super balance

The fund trustee must receive a copy of your proposed orders at least 28 days before you file consent orders or attend a court hearing. This gives them time to review and confirm they can implement what you’re proposing.

Who Can Split Super?

It’s not just married couples who need to think about this. People in de facto relationships (including same-sex couples) are covered by the same rules throughout Queensland and the rest of Australia.

The split doesn’t give you superannuation as cash in hand. Instead, the agreed portion is transferred into your own super fund account, where it remains until you reach retirement age or meet another condition of release.

Getting the Right Help

Trying to work out superannuation on your own can quickly get confusing. The rules around valuation, preservation, and tax implications aren’t straightforward, and misunderstandings often lead to arguments that could have been avoided.

Our approachable team ofsolicitors in Townsville takes the stress out of the process. We’ll guide you step by step, explain everything clearly, and ensure your interests are taken care of with care. Whether you’re recently separated or ready to formalise your arrangements, having experiencedproperty lawyers on your side gives you confidence that you’re getting a fair outcome.

What You Should Do Now

If you’re recently separated or thinking about separation, here are some practical steps:

• Get your super statements and keep them on file
• Encourage open communication with your ex if possible — it saves stress and money
• Consider mediation before taking things to court
• Remember the bigger picture: dividing super isn’t about the here and now, it’s about long-term security

Help When You Need It Most

Superannuation might not be the first thing you think about during separation, but it can have a significant effect on your financial well-being down the track. Getting proper legal advice early means you’ll understand your options and feel more in control during what’s already a difficult time.

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.