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

[Steve1905]

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

 

[Birchgrove Legal]

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.