QLD How to split super when one fund already in retirement phase

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Perp

Well-Known Member
30 June 2015
41
6
149
50yo couple are splitting, very amicably.

Husband has much larger super fund balance - around $400K - wife has been ill / raising kids for many years.

Wife is receiving a TPI pension from one of her pre-kids super funds of around $50K pa.

So, issues are:

1) Wife gets $50K pa from her super, but request for info for super split shows zero balance. It doesn't seem fair that if wife continues to get this income, including in retirement (which she will if she remains TPI), that this isn't taken into account at all when splitting super with husband. If they split the $400K super 50/50, he'll end up with whatever annuity $200K (plus additional contributions and earnings) gets, and wife will end up with the same PLUS $50K pa.

2) On the other hand, wife is subject to regular reviews of her status, and if she 'gets better' between now and retirement age (5 years' time), she'll lose the $50K pa, and if she hasn't taken some of hubby's super, will be very disadvantaged.

How do you do equity in an uncertain situation like this? Partners are extremely amicable and just want to do the right thing by each other, ie have everything they have now end up contributing equally to their respective retirements.
 

Atticus

Well-Known Member
6 February 2019
903
147
2,394
How do you do equity in an uncertain situation like this? Partners are extremely amicable and just want to do the right thing by each other, ie have everything they have now end up contributing equally to their respective retirements.
Don't know, but if it is amicable & they are both committed to to making sure it is all just & equitable, then I'm sure there is a way..... Probably a visit to a family law solicitor to discuss options. Probably a Binding Financial Agreement that comes into effect at a certain date or event.... A flagging agreement for the super fund in growth stage may also be an option as part of the BFA, but someone in the know needs to look in detail at all the facts & figures