What happens to my super in a divorce or separation?

Under the Family Law Act 1975 (Cth) (Family Law Act), super is treated as an asset that can be ‘split’ between you and your ex-partner when you separate.

This law applies whether you were married or in a de facto relationship. You’re not required to split your super, unless the court orders you to do so.

Find out more about how super can be split.

How is super split?

Super can be split based on a formal Superannuation Agreement (agreement) with your ex-partner or a court order.

If you decide to apply for a court order, some factors that can influence the amount split include:

• Whether you have any children
• How much each person has contributed financially and non-financially to the relationship, such as childcare and housework
• The future earning capacity and needs of each person

If super is split, it can generally only be accessed when a condition of release is met, such as reaching retirement age.

The process of splitting super

If you’re a GESB member, the way your super can be split is governed by a number of laws, including the:

• Family Law Act
• State Superannuation Regulations 2001 (WA)
• Family Law (Superannuation) Regulations 2025 (Cth)

It's important that your lawyer understands how these laws apply to your situation.

Here are the key steps you’ll need to follow to split your super with GESB:

1. Find out how much super you and your ex-partner have

It’s useful to get a valuation of each other’s super, as it can help determine how your assets should be divided up.

If your ex-partner is a member of GESB, you can request this by completing a Form 6 Declaration and a Superannuation Information Request form (available at the Family Court website).

You can also apply to the relevant court for your ex-partner’s super information. If eligible, the court will request the Australian Taxation Office (ATO) to disclose this information.

2. Draft your agreement or court order and send it to us for review

Once you’ve discussed with your ex-partner how the super should be split, you can formalise your agreement through a Superannuation Agreement or court order.

The Family Court can also make orders if you can’t agree.

You should seek legal advice to understand these options, and what your rights and responsibilities are.

If you are getting a court order, you can find sample wording in our fact sheets to ensure your order meets our requirements.

Before an order is finalised, you’ll need to send us a copy for our review. This allows us to comment on any required changes and confirm we can action the order.

If you are preparing a Superannuation Agreement, we recommend that you share the draft agreement with us. While not legally required, this can help avoid any issues with implementing it.

3. Submit your finalised agreement or court order

Once we’ve received a copy of your sealed court order or agreement  and necessary information about your ex-partner, we calculate the split to be paid.

The method used to calculate the split will depend on your super scheme – see our fact sheets for more information.

4. The super is split and transferred to your ex-partner

When the split is ready to be  calculated, we’ll notify you and your ex-partner that the super is ready to be split.

We’ll then send a letter to your ex-partner asking for their payment details and where they’d like their portion transferred to.

Once we receive all the required documentation, we’ll process the split and send you both a letter that confirms the details of the split.

However, if we don’t receive your ex-partner’s payment details within 28 days of our initial request, we will transfer the amount to the Australian Taxation Office (ATO).