How Superannuation Is Split in a Divorce or Separation in Australia (2026)

Under the Family Law Act 1975, superannuation is treated as property that can be divided when a married or de facto couple separates. It is dealt with as part of the overall property settlement, alongside the house, savings, debts and other assets, rather than in a separate process of its own.

Crucially, nothing happens to your super automatically. Getting divorced does not split your super, and there is no rule that says it must be divided equally. A split only happens if you and your former partner agree to one and formalise it, or if a court orders it. Many settlements involve no super split at all, for example where the parties offset super against other assets instead.

There is also no presumption of a 50/50 division. The Federal Circuit and Family Court of Australia weighs the entire asset pool, each person's financial and non-financial contributions (including as homemaker or parent), and each person's future needs, and then asks whether the proposed outcome is just and equitable. In some cases an even split of super is fair, in others it is not, for example where one person brought a large super balance into the relationship, or where one person has far less ability to rebuild super before retirement.

When a settlement is decided by the court, or negotiated in its shadow, the approach follows four broad steps. From 10 June 2025, the Family Law Amendment Act 2024 codified this approach in the Family Law Act so it is now set out in the legislation itself rather than only in case law.

The steps are:

• Step 1: Identify and value the whole asset pool, including all superannuation interests, property, savings and debts.
• Step 2: Assess each person's contributions, both financial (income, assets brought in, inheritances) and non-financial (homemaking, parenting, renovations).
• Step 3: Consider each person's future needs, such as age, health, care of children, earning capacity and the disparity in each person's super.
• Step 4: Stand back and check that the overall division is just and equitable in all the circumstances.

From the same date, the court must also consider the economic effect of family violence where it is relevant, and the law makes clear that economic or financial abuse can be a form of family violence. Both people also have an explicit duty to disclose all relevant financial information and documents to each other and to the court.

A super split is only legally effective on the fund if it is recorded in one of two formal ways. An informal agreement, even a written one, will not bind the super fund trustee.

• Consent orders or a court order: If you agree, you can apply to the Federal Circuit and Family Court of Australia for consent orders that record the split. If you cannot agree, the court can make a splitting order after a hearing. The filing fee for an Application for Consent Orders rose to $205 from 1 July 2025 (fees are indexed each 1 July, so confirm the current figure).
• A binding financial agreement (a superannuation agreement): You can deal with super in a private agreement, but for it to be binding each person must receive independent legal advice about the effect of the agreement, and each person's lawyer must sign a certificate confirming that advice was given. With a binding financial agreement you do not go to court.

Whichever route you choose, the trustee of the super fund must be given written notice of the proposed orders at least 28 days before you file the Application for Consent Orders or before the court hearing. The trustee is entitled to be heard and to object, which is why this notice period exists. This is called giving the trustee 'procedural fairness'.

One change worth noting: from 10 June 2025, the previous requirement to provide a separation declaration for agreement-based splits of larger interests was removed, because the underlying tax threshold (the low rate cap) stopped being relevant for this purpose from 1 July 2024.

There are three broad ways super can be dealt with in a settlement, and you do not have to split it at all.

• Payment split: A defined amount or percentage of the member's super is allocated to the other person (the 'non-member spouse'). When implemented, that amount is usually rolled into a super account for the non-member spouse.
• Flagging: If a member is close to retirement or the value is hard to pin down now, the parties (or court) can 'flag' the interest. The flag prevents the fund from paying out the benefit until the flag is lifted and the split is dealt with later.
• Leaving it: You can agree that each person keeps their own super and balance the difference using other assets (often called 'offsetting').

When you do split by payment, you can use a fixed dollar figure (a 'base amount') or a percentage of the interest. Certain interests, including most superannuation annuities and some specified plans, are 'percentage-only interests' under the Family Law (Superannuation) Regulations 2025 and can only be split by percentage. A base amount cannot exceed the family law value of the interest, or the court will not make the order and the fund will not implement it.

Before any split, the super interest has to be valued. For an accumulation fund (the most common type, where the balance is simply what is in the account), the value is generally the account balance. For other interests, a formal valuation method may be required.

To get the information, an eligible person (a member, or their current, former or prospective spouse) can ask the super fund for details using the Superannuation Information Request, known as the FL Form 6 Declaration. The trustee must provide the information and is not permitted to tell the member that the request was made. The fund may charge a fee for supplying it.

Defined benefit and other complex interests are harder. These are valued using the methods and factors set out in the Family Law (Superannuation) Regulations 2025 and the related approval instrument, and they often need an actuary or other expert to calculate the family law value. This is one reason these settlements can take longer and cost more.

The Federal Circuit and Family Court of Australia publishes a Superannuation Information Kit with the Form 6 and instructions, which is a useful starting point if you are doing this yourself.

A common misunderstanding is that splitting super means receiving a cash payout. It does not. Splitting super does not change its character: the amount that moves to the non-member spouse stays inside the superannuation system and remains preserved until that person reaches a condition of release, such as reaching their preservation age and retiring.

The split itself is tax-neutral. Because the money rolls from one super fund to another rather than being paid out, there is generally no immediate tax for either person at the time of the split, and the tax-free and taxable components transfer in the same proportions as the original interest.

For self-managed super funds (SMSFs) and small funds, capital gains tax rollover relief can apply where assets are transferred to another complying fund to give effect to a payment split, so the split does not trigger a CGT bill on the way through. SMSFs add extra complexity though, because the same fund may hold both parties' interests and one person often needs to exit, which has its own compliance steps. Confirm the current rules with the Australian Taxation Office or a specialist adviser before acting.

There are deadlines. Under section 44 of the Family Law Act, you generally have 12 months from the date a divorce becomes final, or 2 years from the end of a de facto relationship, to apply to the court for a property settlement (which includes any super split). After those periods you can only proceed with the other party's consent, or with the court's permission, which is granted only in limited circumstances such as hardship.

Property settlement (and super splitting) is a separate process from the divorce itself, and is usually sorted out before or around the time of divorce rather than after. Getting divorced does not finalise your finances.

Western Australia has historically been the exception. WA did not refer its powers over de facto couples to the Commonwealth, so for many years separating de facto couples in WA could not have their super split. That changed: since 28 September 2022, Part VIIIC of the Family Law Act allows separating de facto couples in WA to split superannuation in the same way as elsewhere. Married couples in WA were already covered. If your matter is in WA, check whether the WA Family Court rules and forms apply to your situation, as some procedures differ.

The court component is relatively modest. The Application for Consent Orders filing fee rose to $205 from 1 July 2025, and the divorce application fee is separate again (substantially higher, with a reduced fee available for concession card holders and those in financial hardship). Court fees are set by federal regulation and indexed each 1 July, so always confirm the current amount on the official fees page before filing.

The bigger costs are usually professional ones. If you engage a lawyer to prepare consent orders, fixed fees commonly fall in the range of roughly $1,500 to $3,500 depending on complexity, and a binding financial agreement or a valuation of a defined benefit interest will add to that. The super fund may also charge a fee for providing information and for implementing the split. These figures are indicative and vary between providers, so get a written quote.

Because super splitting interacts with tax, valuation and the rest of your property settlement, it is worth getting tailored advice rather than relying on general information. An accredited family law specialist (each state and territory law society maintains an accredited specialist register) can advise on whether a split, an offset, or flagging best suits your circumstances. The Federal Circuit and Family Court of Australia website also provides free factsheets, the Superannuation Information Kit and consent order kits for people handling matters themselves.