Florens Florens Integrative Family Law
Expertise

Superannuation splitting

For many families, superannuation is one of the largest assets. We make sure it is valued properly and divided fairly, whether you are married or were in a de facto relationship.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Laura Dowling advising a client

Superannuation is treated as property in a family law settlement, even though most of it cannot be accessed until retirement.

A split moves an amount from one person’s super account to the other’s. It does not usually mean cash in hand, and the money generally stays preserved until a condition of release is met.

Getting super right means accurate valuations, the correct paperwork for each fund, and orders or agreements the trustee can actually put into effect.

A couple reviewing documents together at their dining table

Defined benefit and self-managed funds

Defined benefit schemes, often held by public servants and defence members, are valued using special methods and can be worth far more than the balance suggests.

Self-managed super funds raise their own issues, including who controls the fund and how assets are moved. We work with actuaries and accountants where needed.

Property settlements

How we can assist

We advise on every stage, from finding out what each fund is worth to making the split happen.

The trustee of each fund must be given notice of proposed orders before they are made. Leaving this step out can delay your settlement.

How super is split

Super is part of the overall property pool, with a few extra steps.

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  1. Gather information

    Request details from each fund using the prescribed forms.

  2. Value each interest

    Accumulation funds use the balance. Defined benefit funds need a formula valuation.

  3. Agree on the overall division

    Super is considered together with every other asset and liability.

  4. Notify the trustee

    Each trustee is given notice of the proposed split.

  5. Formalise the agreement

    Through consent orders or a superannuation agreement.

  6. The fund makes the split

    The trustee creates a new interest or rolls the amount into the receiving account.

“Highly recommend. From our very first discussion I felt supported and confident in the firm’s ability. The experience and commitment throughout this very stressful process was amazing. Everything was explained clearly and handled with respect.”

Client

Wondering how superannuation will be divided?

Start with a conversation about your circumstances.

What to keep in mind

A dollar in super is not always worth the same as a dollar in the bank.

Access

Split super is usually preserved until retirement.

Value

Defined benefit interests can be worth much more than their balance.

Timing

Fund rules and processing times affect when a split takes effect.

Common questions about superannuation splitting

Is super included in a property settlement?

Yes. Superannuation is treated as property under the Family Law Act, for both married and de facto couples.

Can I get my share of super as cash?

Usually not. Split super generally stays preserved until you meet a condition of release, such as retirement.

How is a defined benefit fund valued?

Using methods set out in the family law superannuation regulations. These valuations can differ significantly from the balance shown on a statement.

What is a flagging order?

An order that stops payments from a fund until a split can be made. It is useful where the right split cannot be worked out yet.

Do I need the other person’s super details?

Yes. Each party must disclose their super, and we can request information directly from the fund.

Can we split super without going to court?

Yes, through consent orders or a superannuation agreement under a binding financial agreement.

Make sure your super is counted properly.

A short conversation can tell you what information you need and how super fits into your settlement.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.