AustraliaMy superannuation was accumulated during marriage. Will it be split in the divorce?
Yes, superannuation accumulated during marriage can be split as part of property settlement in divorce under Australian family law.
What the Law Says
Superannuation is treated as property under the Family Law Act 1975 (Cth), meaning it can be divided between spouses when a relationship ends — even though it’s not yet accessible as cash.
The Family Law Act was amended in 2002 to specifically include superannuation interests as part of the property pool available for division on separation or divorce.
This applies whether the super was accumulated before, during, or after the relationship — but only the portion that represents contributions and growth during the relationship is typically considered relevant to the split.
A superannuation split can happen either by mutual agreement (a binding financial agreement or superannuation agreement) or by court order.
The split does not convert super into cash — instead, the non-member spouse receives a new interest in the fund (or a rollover to their own fund), which remains subject to superannuation preservation rules.
Statutory TextA superannuation interest is property for the purposes of this Part.
— Family Law Act 1975 (Cth), s. 90MC — Meaning of superannuation interest
Statutory TextThe Court may make an order in relation to a superannuation interest… including an order that the interest be split.
— Family Law Act 1975 (Cth), s. 90MT — Orders in relation to superannuation interests
What to Do
Obtain a current valuation of the superannuation interest from the fund (some funds provide this free on request; others charge a fee).
Decide whether to pursue a superannuation agreement (requires independent legal advice for both parties) or apply to the Federal Circuit and Family Court of Australia for a split order.
Ensure any agreement complies with strict formal requirements — including written form, signed by both parties, and each party receiving independent legal advice before signing.
Lodge the agreement or court order with the superannuation fund — the fund must then implement the split within the timeframes set by law (usually 28 days of receiving a valid payment split order).
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.