NSW Threatening to clean my Super out

[Sandi86]

Long time lurker on this forum - thank you to those that contribute and provide their time and assistance.

Please help me.

My husband and I have been married five years and have two children under two years of age.

My husband is physically and verbally abusive. I have finally plucked up the mental and physical courage to leave him.

The only substantial asset I have is my superannuation. I am in my early 30s, and been working since I was 17. I have worked my way up the ladder; now into a comfortable professional role and have save a good amount of super.

Since I met my husband, he has mostly been studying (and unemployed) and had jobs that have paid little to no super. He has only accumulated a few thousand, at most.

With our split impending - he has threatened to financially ruin me, and clean out my superannuation.

Following divorce; I am aware that my earning capacity will be affected, having two small children.

It pains me that all that I have worked for over the years may be taken away from me; by a despicable man as he.

Can someone please advise me on the super splitting rules? He has threatened to take 50pc (is this accruate)?

 

[AllForHer]

Only super earned during the marriage is considered in property settlement.

So if your starting balance was $100,000 before you got married, and it's $120,000 when you divorce, only the $20,000 will be taken into account.

Dad is also only entitled to a portion of that $20,000, not the whole lot. How much he would get follows the same rules as all property settlements - what's the value, what's the financial and non-financial contributions, what's the future needs, is it just and equitable.

On top of that, it's still subject to superannuation laws - that is, it can only be transferred from one super fund to another, and it can't accessed until age of retirement.

Finally, he can't 'clear it out' unless he's got your signature on the consent form. This isn't likea joint bank account or a piece of property that he can just take.

 

[sammy01]

duration of marriage also matters. So I split from the ex after 7 yrs. When it came to assets, the fact that she brought in a large inheritance but had minimal earning capacity meant she kept the inheritance... I had a large super fund... But that was still very much mine (lost a bit)

Don't be concerned about the threats - just a continuation of the behaviour you've experienced in the relationship true