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NSW Is De Facto Ex-Partner Entitled to Half of My Superannuation?

Discussion in 'Family Law Forum' started by Steve1905, 5 August 2015.

  1. Steve1905

    Steve1905 Well-Known Member

    Joined:
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    Hi All,

    I split from my de facto partner on 26/12/14 and will soon go through family court for custody of children for our child. We were together for 8 years and in that 8 years she did not work or contribute financially to the relationship. She does not have a superannuation fund and I feel she may ask for half of mine.

    Is there a time limit on her claiming this, and is she entitled to half given I have worked for 21 years and we were only together for 8 and she does not intend to ever work as she thinks why work when there’s welfare?

    Thank you in advance
     
  2. Birchgrove Legal

    Joined:
    6 August 2015
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    Hi Steve,

    Superannuation entitlements are taken into consideration when determining the assets of a marriage. For de facto financial proceedings, they may be commenced within 2 years following the end the relationship.

    If the majority of the super was accrued prior to the relationship commencing - this will be a factor in the Court determining the what share, if any, she is entitled to.
     

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