Family Law

Superannuation splitting

Superannuation is aimed at placing the member of the superannuation fund in a position to retire. In many relationships, one spouse will accumulate a greater superannuation entitlement than the other spouse. Upon separation this has the potential to severely impact the future security of the spouse who has not accumulated similar superannuation entitlements.  In some relationships, superannuation will be one of the largest assets that exists in the relationship.

Since 2002, superannuation entitlements have been treated as matrimonial property. This means that superannuation can now be adjusted (or divided up) like other property, upon the breakdown of a relationship.

Our Cairns family lawyers can provide you with advice on splitting superannuation, and the consequences of splitting or receiving superannuation as part of your final property settlement. One such consequence is that when superannuation is received by one spouse in a family law settlement, it is not available to that party as cash, but rather remains subject to superannuation laws. This usually means that the superannuation cannot be utilised until the receiving party satisfies the conditions of release, including retirement. However, there are various factors to consider when splitting superannuation including the type of fund and the method by which it is sought to be split. These factors can have a significant effect on the outcome for both the member (regarding the residual amount after the split, for example) and non-member spouse (regarding their entitlements and accessibility).

Our Cairns family lawyers can assist you in coming to an agreement on how the superannuation asset is to be split in your property settlement.

Meet the experts in
Superannuation splitting

Julie Hodge

Special Counsel

Julie is an experienced, skilful and dedicated family lawyer who has been assisting Australians and Australian families to resolve their separation and divorce issues since 2007. Julie has extensive experience acting in all manner of family law issues including parenting, de facto and matrimonial property and divorce matters, spousal maintenance, domestic violence, child support and child protection issues.

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Rochelle Ryan

Associate

Rochelle practices exclusively in Family Law. Rochelle has gained experience in all areas of the firm, including commercial litigation, wills and estates law, commercial law and property law before finding her passion in our family law department.

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