Spouse has withdrawn $20k from Super under covid arrangements prior to signing consent order

[Betty365]

I am married but living separated under one roof. My ex has withdrawn two lots of $10k super under the current covid arrangements. He did not tell me he was going to do this, has not shared any of it/or put any of it aside for me as part of our consent order/divorce. I don't know if he has it in cash or in a separate bank account. I don't have any access to it.

I am concerned because we are in the process of filling in consent order paperwork but now his super balance is down by $20-therefore I'm $10k down in what I may have got in settlement. Any advice? Thanks

 

[sammy01]

how do you know he withdrew it? Surely if you have statements then they say where the $ went and it should still be added to the pool

 

[Atticus]

He has done nothing wrong in drawing on his super ... Obviously he has satisfied the strict requirements to do so ... From your point of view regarding property settlement, has the fund been valued, & has that value formed part of your basis for a split of super? ...... Also super is not treated like other assets, it's rarely a 50/50 split.. complex valuations involved

Worse case scenario, it is considered an asset from the joint pool which he has already taken, & could therefore be argued as an add-back (taken off his final division because he has already got it)