If you are married, you and your former spouse can transfer superannuation entitlements between yourselves under a super splitting order if it can help to achieve a just and equitable property division.

Before the super splitting order is filed, you will need to give the trustee of the super fund being asked to transfer entitlements an opportunity to comment on the form and wording of the super splitting order. The trustee of the super fund is not bound by the super splitting order unless they have been afforded this procedural fairness.

If you have a Self-managed Superannuation Fund, in addition to giving the trustee advance notice of a super splitting order you should also seek taxation advice from a qualified professional to avoid any unforeseen or unintended consequences.

If you are de facto and living in Western Australia, you are not yet able to transfer superannuation between yourself and your former partner. The State and Commonwealth governments are currently trying to pass new legislation which will give separated de facto couples the same rights as separated couples. However, at the time of writing the legislation has not yet been passed.

If you have any questions about superannuation splitting orders or would like to discuss your individual personal circumstances, please feel welcome to contact one of our family lawyers by emailing us at [email protected] or calling 08 6141 3227.