My partner has been separated from his wife for over 6 years now. They have not yet done the divorce as she is trying to get half his super. Is she entitled to half after so many years being not together.? They were married for 3 years.
Hi Haylee,
This isn't really enough information for anyone to form a valid opinion. There are a lot of factors that affect interest in assets. If they had a children or if they both worked and various other factors. She most likely would only be entitled to half over the time they were together, maybe more, maybe less.
Hi Haylee,
This isn't really enough information for anyone to form a valid opinion. There are a lot of factors that affect interest in assets. If they had a children or if they both worked and various other factors. She most likely would only be entitled to half over the time they were together, maybe more, maybe less.
Thanks for getting back to me. No they had no children but he now has 2 children with me. He worked the whole time they wer together and she didnt. They had no property together either. They split half furniture and were both happy to walk away with that but now 6 years later shes asking for half his super b4 she signs the divorce
Hi Haylee,
It's hard to say, but the court may view that she has an interest in his super. I couldn't imagine it would be more than half for the time they were together.
Hi Haylee,
It's hard to say, but the court may view that she has an interest in his super. I couldn't imagine it would be more than half for the time they were together.
Hi Haylee,
Firstly I'm not a lawyer, to get an accurate idea of the division of assets you would need to sit down with a lawyer and give them a detailed break down of the financial situation from the relationship. The division of assets is based on contributions from both parties during the marriage, future earnings and would be affected by what assets were brought to the relationship such as property and cash. Its also affected children. So its a really complicated process and very hard to guess. At a glance I would assume that she would only be entitled to a portion of his super over the 3 years they were together but that could go either way depending on things like why she didn't work?
Hi Haylee,
Firstly I'm not a lawyer, to get an accurate idea of the division of assets you would need to sit down with a lawyer and give them a detailed break down of the financial situation from the relationship. The division of assets is based on contributions from both parties during the marriage, future earnings and would be affected by what assets were brought to the relationship such as property and cash. Its also affected children. So its a really complicated process and very hard to guess. At a glance I would assume that she would only be entitled to a portion of his super over the 3 years they were together but that could go either way depending on things like why she didn't work?
