Family Law and your super

If you are going through a separation or divorce, there are some things you should know about how your super is dealt with when dividing your assets. The dividing up of your super is called family law splitting.

Find out how much super you both have

Your super

Your former spouse is legally allowed to request information from TWUSUPER about your super account.

Your former spouse’s super

You are legally allowed to request information about your former spouse’s super account. 

You will need a Superannuation Information Kit to request this information. You can download the kit from the Family Court website www.familycourt.gov.au

Decide how to split your super

You have two options for deciding how to split your super. You can enter into a formal agreement or get a court order.

Formal agreement

This means you do not need to go to court. Both you and your former spouse need to seek independent legal advice and obtain a certificate from your solicitor that states you have done this. The agreement is not registered in court, so you and your former spouse need to keep a copy.

Court order

If you have been unable to agree on how your super should be split, you will need to apply for a court order.

Even if you have made an application to the court, it is possible for you to reach an agreement at any stage without the need for a court hearing.

Family Law account splitting fee

If your account must be split according to a court order or arrangement, a fee of $50 applies.

The fee will be divided evenly and deducted from your account and your former spouse’s entitlement when the account split is processed.

Where to send your documents

All documents relating to your Family Law account splitting should be sent to:

TWUSUPER
GPO Box 779
Melbourne VIC 3001

How your super is split

Once we have received your formal agreement or court order documents, the Trustee will assess them to ensure they can be actioned.

The Trustee will issue split notices to you and your former spouse within 28 business days of receiving your documents.

What happens when the split money becomes available?

Your super

After the split, the balance in your TWUSUPER account and any future contributions paid into it will belong only to you.

Your super will become available when you reach preservation age or satisfy a condition of release.

Your former spouse’s super

Your former spouse will have the following three options when the split money becomes available:

  • Keep the money in a TWUSUPER account that belongs only to them
  • Transfer the money to another super fund
  • Receive a cash payment if they have reached preservation age or satisfied a condition of release

Splitting super during the merger

There will be a Limited Service Period in the lead up to the merger which will affect when we are able to complete applications for splitting super.

At this stage, any requests we receive in late April 2024 will be processed in mid-May 2024, after the transfer has taken place. We will publish specific dates for the Limited Service Period when they have been determined.

Legal advice

We recommend that you get legal advice before deciding what to do with any super benefit you may be entitled to.

A solicitor can help you understand your legal rights and responsibilities and explain how the law applies to you. They may also be able to help you reach an agreement with your former spouse without needing to go to court.

You can get legal advice from a:

  • legal aid office
  • community legal centre, or
  • private law firm.

Community legal centres and Legal Aid agencies offer free legal advice and provide services in every state and territory.

We’re here to help

If you’re not sure where to start, contact our Member Service team.

You can call us on 1800 222 071 Monday to Friday between 8am and 8pm (AEST/AEDT).

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