WA Left Husband - Entitled to His Superannuation?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Dinah

Member
7 August 2015
1
0
1
I left my husband of nearly 40 years I took nothing with me an I entitled to any of his superannuation under family law?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
If a property settlement were to be determined by the court, superannuation earned by both parties throughout the duration of the marriage would be considered as part of the joint asset pool.

However, parties must first attempt family dispute resolution to try and reach agreement about a property settlement before the court can be asked to intervene. There is a 12 month time limit after a divorce is finalised for either party to apply to the court for a property settlement.

Hope this helps.