What happens to my super when we separate?

by Peter Magee on March 20, 2012

Peter Magee
Have you ever wondered in what way superannuation is relevant to your property settlement? You are not alone. Many people contemplating separating from their spouse or de facto partner (or who have recently separated) ask this question: “Is my super taken into account in my property settlement? Is my spouse/ de facto partner entitled to some of my super? ” If you are contemplating starting your property settlement, these are important questions to ask your lawyer.

In short, yes, your superannuation is relevant to your property settlement: it is taken into account in dividing the property of you and your spouse or de facto partner. Some people claim that they decided not to separate because they didn’t want their spouse/ de facto partner to keep any of their hard-earned super. However, on the other side of the coin, one person has commented that they hired competent and experienced family lawyers who advocated for them and reached a fair outcome and division of property including super.

For legal advice from our experienced team of family lawyers about how superannuation is treated in your property settlement or any other family law issue, please call our team  to arrange a without-obligation first conference.

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