LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Property Settlement and Divorce - Ex's Claim on Partner's Superannuation?

Discussion in 'Family Law Forum' started by Strawbgirl, 18 September 2015.

  1. Strawbgirl

    Strawbgirl Member

    Joined:
    18 September 2015
    Messages:
    2
    Likes Received:
    0
    My partner has been separated for 6 years. They have a 10-year-old. Now looking at a divorce. There are no custody problems or property settlement to sort out other than his superannuation. We know his ex can make a claim on his superannuation, but to what extent? Is she able to claim on only the amount in his fund at the time of separation, the amount in his fund at the time of divorce - or would she be awarded a percentage of his total superannuation at the time of it's maturity in say 20 odd years time - thus receiving a much larger figure??

    I have read that all property settlements must be claimed within 12 months of divorce - would a superannuation claim fall under this ruling also?

    Thanks for your help.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Only superannuation earned during the course of the marriage is considered, and that is both superannuation accounts, not just his or hers. To the best of my knowledge, I believe superannuation is considered part of the ordinary property pool, and thus, is accounted for by its value at the time of the property settlement hearing, rather than at the time of divorce or separation, so it's better to get a divorce quickly than wait two or three decades.

    It is true that a person has 12 months to file for a property settlement after the date the divorce is finalised, and this rule also applies to property settlements affecting only superannuation.

    Hope this helps.
     
  3. Strawbgirl

    Strawbgirl Member

    Joined:
    18 September 2015
    Messages:
    2
    Likes Received:
    0
    Thanks AllForHer - appreciate your comment.
     

Share This Page

Loading...