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VIC Property Settlement and Divorce - When to Access Superannuation?

Discussion in 'Superannuation Law Forum' started by Tytea, 17 May 2015.

  1. Tytea

    Tytea Member

    17 May 2015
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    My husband is going to get about 1/2 my superannuation in our property settlement and subsequent divorce. As he is turning 65 next month, can he access it straight away or does he need to wait 6 years till I turn 65 and can access my half?
  2. bluetongue

    bluetongue Well-Known Member

    8 March 2015
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    The access of your ex-partner to your super will depend on what the property consent or court order say. If the order effectively gives half your super to someone who is at an age where it can be received as a lump sum payment, then your ex-partner can withdraw the amount, though this depends on what type of fund the money is kept and the rules of that fund. See Superannuation

    You should also remember to prepare a new binding nomination so that your super is not left yo your ex-partner if you die.
    Tytea likes this.
  3. Smiley

    Smiley Well-Known Member

    1 April 2015
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    If you are in an Accumulation scheme, upon Sealed Orders been served onyour Fund, they will perform a simple superannuation split.

    This split will in short allow your husband to access his (previously yours) superannuation as he is aged 65.

    If you are in a Defined Benefit scheme, upon Sealed Orders been served on your Fund, they will "flag" your benefit so that no release can be made until you reach a "condition of release". This in general is when you cease employment with your sponsoring employer. When a condition is met, then the superannuation split will occur (Note, some Defined Benefits will allow a superannuation split to occur whilst it is in operation, but this is uncommon these days).

    PS Update your Will and binding nomination with your super scheme. If you are on talking terms with your ex, also remind him to do so as well. If you do not, pretty much your assets could be up for grabs for anyone who claims to be your de facto, boyfriend, financial dependant etc and it gets really messy if something should happen to you.
    Tytea likes this.

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