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There is no ‘one size fits all’ approach, as every relationship is different and will have a different set of personal circumstances. Some couples choose to split their superannuation evenly, while some will want to have a split that takes into consideration their individual circumstances.

A mutual agreement split will be fairly straightforward, however some couples may have more difficult financial circumstances. As the law is complex, even amicable divisions may not comply. It is important you seek legal advice to be fully informed of your options.

Separating couples will have one year to claim superannuation after their divorce has been finalised. If you are in a de facto relationship, you will have 2 years to claim from the date of your separation.

If you are concerned that your ex-partner will access your superannuation, you can apply to the Court for a “flagging order”. A flagging order will bind the Trustee of the spouses superannuation fund(s) to freeze their super account(s) until such time as property settlement between the parties is resolved and the Court makes a “flag lifting Order”. 

A payment flag can be made by an order or by agreement in accordance with the provisions of the Family Law Act. A flagging order or agreement is a binding injunction on the trustee not to make any splittable payments from the nominated superannuation fund and is usually used in two distinct circumstances:

1. where the value of superannuation interest is currently unknown but will be known in the near future; or
2. where retirement is imminent and there is concern that the member may abscond.

If you cannot reach an agreement on how your superannuation should be split, you can apply to the Court for an order. The Court will consider factors under the Family Law Act to make an evaluation of a just and fair superannuation split.