Family law splitting & super
Superannuation is treated as property under the law (Family Law Act 1975). This means that when married or de facto couples separate, their super can be split, just like your home or other assets can.
The couple separating may be able to come to an agreement on how the super is split and issue a ‘super agreement’ which outlines how the super benefits are to be divided. Where the parties cannot agree, the Family Court or Federal Magistrates Court can determine how the super payment will be split.
The law also allows a separated married or de facto couple to be provided with information about the other person’s super interests, upon receipt of the relevant application. Super funds are required to comply with these requests, however they cannot provide personal details such as the other person’s address or phone number.