Family law proceedings

When a marriage or de facto* relationship ends, property can be divided between the parties. This includes superannuation, although it is treated differently than other property.

Superannuation splitting laws allow super to be divided when a relationship ends. Most super can be split either by a formal written agreement or a court order.

A superannuation split can only be made for an account with at least $5000.

Once the superannuation agreement has been finalised, whether by consent or after a hearing, a sealed copy of the order must be provided to Media Super.

The agreement will contain instructions as to how the superannuation benefit is to be split. Where a decision on how to split a benefit has been deferred, the benefit is flagged and cannot be paid until the flagging order is lifted.

For full details and to obtain a Superannuation Information Kit, visit the Family Court of Australia website.

Media Super can’t provide you with any advice in relation to Family Law matters. We strongly recommend you seek independent legal advice before making any decision on splitting or flagging of superannuation benefits.

If you have any questions, please call the Helpline on 1800 640 886.

* Restrictions apply where a de facto relationship has been in existence for less than 2 years. Restrictions also apply to de facto couples living in Western Australia, as currently the Commonwealth laws in relation to de facto couples do not apply in that state.