It is common knowledge that you would typically split all your assets with your former partner once you get divorced. However, you may be wondering whether your superannuation falls under these assets. Accordingly, you find yourself asking, ‘is my ex wife entitled to my superannuation?’
Generally, the answer to this question is yes. However, ultimately it will depend on the type of super fund being dealt with and the specific rules surrounding it.
The following article will help you answer the question of ‘Is my ex wife entitled to my superannuation?’
How Long After a Break Up Can You Claim Superannuation?
Is my ex wife entitled to my superannuation? Yes. In divorce cases, your former partner has up to one year after the divorce is finalised to file a claim for your superannuation.
This is different for De facto couples, where your former partner would have up to two years from the date of your separation to make a claim.
It is also important to note that different rules apply, depending on the type of superannuation fund you may have. For instance, whether the superannuation fund is regulated by APRA or is self-managed.
The Typical Case For Superannuation Funds
Generally speaking, the Family Law Act 1975 treats superannuation funds as property. However, it does differ from other forms of property because it is held in trust.
Superannuation splitting laws permit for the fund to be divided when a relationship ends. Accordingly, superannuation splitting orders are made to the Trustee of the superfund.
The Court may also make these orders as part of property orders or even through the parties’ consent if they agree.
What Happens To The Superannuation That Is Split?
The division of the superannuation fund does not mean the superannuation will be converted into cash. The superannuation will still need to be paid out as per superannuation laws, which is it will be stored in the fund until the required retirement age has been reached.
It is important that you seek some legal advice about your superannuation splitting agreement; otherwise, the result may be that what you have organised informally with your former partner may not be legally binding on the Trustee of the superannuation fund.
What If We Cannot Agree On How To Divide Our Superannuation?
If you and your former partner cannot agree on how to divide your superannuation fund(s), the next course of action to undertake would be to apply to the Court for an order typically.
Suppose the matter was to proceed to the Court. In that case, the fund will be treated as any other form of property, and the steps to determine a property split will be considered by the Court to determine a just and equitable division of the superannuation fund.
Importance of Seeking Legal Advice
When discussing matters such as the question of ‘Is my ex wife entitled to my superannuation?’ it is essential to note this question will have a different answer depending on the type of super fund involved.
Please do not hesitate to contact our team of friendly and experienced family lawyers today to discuss your particular circumstances. We
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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