NSW Is Ex Entitled to Superannuation After Divorce?

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LUKMAN

Member
30 August 2015
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0
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My divorce with my ex-wife was completed in August 2017. We have divided other properties except for Superannuation.

My question is, would she still be entitle to the super that I make after the divorce or not?

I am thinking she will only have to share the super that I made before the divorce in-respective of how long it took us to reach and agreement on the sharing.
 

AllForHer

Well-Known Member
23 July 2014
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682
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So, super operates a little differently to most other assets in the property pool because only the amount that you earned during the marriage is taken into account, rather than the current balance.

If, for example, your super fund was sitting at $500,000 when you married, and went up to $600,000 during the marriage, the only portion that your ex can seek a portion of is the $100,000 earned during the marriage.

On top of that, superannuation is still subject to superannuation laws. It can't be withdrawn as cash funds as a result of a property settlement; it can only be transferred from one super account to the other and is therefore still not accessible until the account holder reaches the age of retirement.

So, my understanding is that she wouldn't be entitled to any super you earn after your divorce, but best to get legal advice just to be sure.
 

Clancy

Well-Known Member
6 April 2016
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69
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So, super operates a little differently to most other assets in the property pool because only the amount that you earned during the marriage is taken into account, rather than the current balance.

If, for example, your super fund was sitting at $500,000 when you married, and went up to $600,000 during the marriage, the only portion that your ex can seek a portion of is the $100,000 earned during the marriage.

On top of that, superannuation is still subject to superannuation laws. It can't be withdrawn as cash funds as a result of a property settlement; it can only be transferred from one super account to the other and is therefore still not accessible until the account holder reaches the age of retirement.

So, my understanding is that she wouldn't be entitled to any super you earn after your divorce, but best to get legal advice just to be sure.

Oh wow, i did not know that, very surprising given how the family court usually operates with funds magically traveling here and there regardless of who actually earn't it and when - Whats next for them? discovering the world is round??
 

AllForHer

Well-Known Member
23 July 2014
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682
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Bear in mind this is just my understanding. I may be completely off the mark, which is why I really strongly suggest asking a lawyer. :)
 

LUKMAN

Member
30 August 2015
4
0
1
Thanks a lot. Your help is appreciated.

So, super operates a little differently to most other assets in the property pool because only the amount that you earned during the marriage is taken into account, rather than the current balance.

If, for example, your super fund was sitting at $500,000 when you married, and went up to $600,000 during the marriage, the only portion that your ex can seek a portion of is the $100,000 earned during the marriage.

On top of that, superannuation is still subject to superannuation laws. It can't be withdrawn as cash funds as a result of a property settlement; it can only be transferred from one super account to the other and is therefore still not accessible until the account holder reaches the age of retirement.

So, my understanding is that she wouldn't be entitled to any super you earn after your divorce, but best to get legal advice just to be sure.