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BrokeGirl7

Active Member
26 June 2018
10
0
31
My husband is trying to claim 40% of my superannuation. I am told that any superannuation claim includes even the amount of super made after the date of separation. Does anybody know if that is correct?

I earn 180k, he earns 75k. My superannuation is over 100k, his is less than 35k. He is claiming 40% of my superannuation. I took away 30k of debt from our relationship. He took the car, I also paid half his rent for 6 months (ended up paying around 50k of his expense).

We have 50/50 care and custody of children. He shares no costs with me. I pay for everything for our child despite 50/50 care. I pay him child support (due to earning more). Husband claims he was the primary carer despite maintaining the same full time job for the last 10 years. Husband claims he held his career back to care for our child while allowing me to excel.

I refute his claim of primary carer and holding his career back for me and our child.

Based on the above, can he take any of my super? I can provide evidence that he was not the primary carer in the form of childcare receipts, me being the primary contact at school, etc., and my parents' are helping out massively with childcare.

He refuses to negotiate as his lawyer told him not too. He just wants to go to court. I’ve been told the legal fees could be so big as to reduce any property settlement to minus numbers after lawyer fees!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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How was the property split managed? How long ago? What kind of agreement was prepared? Did you use a lawyer? Was it a full and final settlement? How long were you together?
 

BrokeGirl7

Active Member
26 June 2018
10
0
31
How was the property split managed? How long ago? What kind of agreement was prepared? Did you use a lawyer? Was it a full and final settlement? How long were you together?

I can't add anything more to my post because the forum thinks I am a spammer - I had to remove a lot just get it to post then couldn't re-add it. Just ignore this post thanks.
 

Razzy

Active Member
19 April 2018
11
0
31
I can't add anything more to my post because the forum thinks I am a spammer - I had to remove a lot just get it to post then couldn't re-add it. Just ignore this post thanks.
I get the same problem with I post longer than a brief paragraph.

Have "reported" your post to try and get the mod/admin attention to that issue :c)
 

Alina Kleiman

Active Member
4 July 2018
12
1
34
The short answer is that superannuation is part of the property pool and can be split. Some people prefer to take a smaller % of the other assets and keep their super intact. Other people prefer to split the super applying one % and the other assets applying another %. Whether you include any super earned post separation should be negotiated - for example you might suggest a lump sum amount rather than a % split. It's a substantial amount of money. You might benefit from legal advice or mediation.