10. Superannuation

Q. How is superannuation relevant to my family law matter?

A. The Family Court will treat your superannuation entitlements as an asset capable of being distributed between yourself and your husband/wife in the same way as your other property (see Part 3: Property). The Family Court is able to “split” superannuation interests of you and/or your spouse so as to effect a property settlement that is fair and equitable. In some circumstances, such as where you or your spouse has a significant superannuation entitlement but there is little other property, it may be appropriate for your superannuation to be divided. In other situations, such as where one party does not work due to having the care of children, then it may be appropriate for that party to receive a greater portion of property “up front” and a smaller, or no, portion of the superannuation.