AustraliaMy de facto partner died. Can I receive their super death benefits?
Yes, as a de facto partner you may be eligible to receive your deceased partner’s superannuation death benefits, provided you meet the legal definition of a de facto partner under superannuation law.
What the Law Says
Superannuation death benefits can only be paid to a 'dependant' as defined under the Superannuation Industry (Supervision) Act 1993 (SIS Act). A de facto partner is included in that definition — but must satisfy specific legal criteria.
Under Australian superannuation law, death benefits from a member’s super fund can only be paid to a 'dependant' — which includes a spouse, child, or any person who was financially dependent on the deceased, or in an interdependency relationship with them.
A 'de facto partner' is legally recognised as a 'spouse' under the SIS Act if they were in a genuine domestic relationship with the deceased at the time of death. This does not require marriage or formal registration, but must involve shared residence, financial interdependence, mutual commitment, and a personal relationship.
The trustee of the super fund has the final say on whether a person qualifies as a dependant — including whether a de facto relationship existed — and must consider all relevant evidence (e.g., joint finances, shared living arrangements, statements from family or friends).
Statutory Text‘spouse’ means a person who: (a) is in a de facto relationship with another person; and (b) is not legally married to that person;
— Superannuation Industry (Supervision) Act 1993 (Cth), s. 10(1) — Interpretation
Statutory Text‘dependant’ means: (a) the deceased member’s spouse or child; or (b) any person with whom the deceased member had an interdependency relationship; or (c) any other person who was financially dependent on the deceased member;
— Superannuation Industry (Supervision) Act 1993 (Cth), s. 10(1) — Interpretation
What to Do
Contact the super fund trustee immediately and request the death benefit claim form.
Gather evidence of your de facto relationship (e.g., lease agreements, joint bank accounts, statutory declarations from witnesses).
Submit your claim within the fund’s required timeframe — usually within 2–6 months of death.
If your claim is rejected, ask the trustee for written reasons and consider applying to the Australian Financial Complaints Authority (AFCA).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.