Whether living together as a married couple or living together
in a de facto relationship, superannuation is regarded as property
belonging to the parties to a relationship. Superannuation is fast
becoming a major asset of any relationship, often being second only
to the family home.
Certain provisions of the Family Law Act apply in each
case when dividing property, including superannuation, following
the breakdown of a marriage or de facto relationship. There is a
number of different types of superannuation funds and the funds
themselves often have different rules about what you can and cannot
In many property settlements, superannuation interests of one
party are "split" and a portion of that party's interest are
transferred to the other party. This is a complex area of the law
and advice is strongly recommended to undertake this process.
At Andersons, we can advise you about your respective rights and
entitlements whether you are married or living in a de facto or
same sex relationship.