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If you have superannuation then it may be important to you to know when you can split some of that superannuation to your spouse as part of the property settlement and how that superannuation split will occur.
Superannuation is a financial resource and forms part of the property settlement.
Superannuation may be kept by one party or the Court can make an Order to split the Superannuation between the parties.
Since 2002 married couples have been able to get a Court Order for the Superannuation of one Spouse be split, so as to transfer part of one spouse’s superannuation into a superannuation fund in the name of the other spouse.
De Facto spouses are also able to apply for superannuation splitting if they separated after:
Superannuation can only be kept or split between the parties.
Superannuation cannot be converted to cash other than in accordance with the normal rules that apply to the Superannuation interest.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Property Settlement Section
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