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Divorce - Splitting Husband's Superannuation - 10% for Me?

Discussion in 'Family Law Forum' started by Meh, 16 July 2014.

  1. Meh

    Meh Member

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    My husband and I are getting divorce , I am the trustee of his SMSF (self managed superannuation fund)! He's only giving me 10 percent of the share! Is this right under family law?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Meh,

    The Family Court Website has some information on super splitting and what your rights are.
    http://www.familylawcourts.gov.au/w...me/Property+and+Money+Matters/Superannuation/

    There are no hard and fast rules as to what each partner is entitled to. If you are seeking to negotiate your own settlement, you can always argue for a greater share. If the court is determining the settlement, it doesn't matter what your husband 'wants' to give you.

    Given the complex nature of dividing SMSF, this is probably something you should obtain independent legal advice about.
     
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