How to split your super in a divorce

If you’re going through a separation and want to know how to split your super, you’ve come to the right place. Here’s our 3-step process to get started.

In this article, we’ll explore

Super splitting: Is it right for you?
Splitting your super in 3 steps
Seeking financial advice — at no extra cost^*
Read our Top 3 super tips after a breakup

Before you make a decision

When deciding what to do with your super, we recommend seeking independent advice. You should speak with a licenced financial planner before making any decisions about splitting or flagging your super. You should also speak with a family lawyer about how the Family Law Act can affect your particular circumstances, and to help draft your official documentation.

Split your super in 3-steps

Step 1. Find out how much super you both have

You’ll need to complete a Superannuation Information Request Form and Superannuation Information Kit, as well as Form 6 Declaration at fcfcoa.gov.au (to declare you’re eligible to request information). Your spouse can also submit a Form 6 Declaration to us to obtain details of your account. Alternatively, you can speak to your lawyer.

Step 2. Prepare your settlement

After assessing you and your spouse’s financial situation, you’ll have an idea of how much super each of you will receive. When preparing your settlement or agreement to split your super, there are two ways to get started.

Financial agreement	Court Order
If you and your ex-partner agree on how your super will be divided, you can either apply to the Court for a Consent Order or have your lawyer create a binding financial agreement to make it official.	If you and your spouse can’t agree on how to best split your super, you can ask the courts to decide.

Step 3. Procedural fairness

If the account being split is with CareSuper, send your drafted agreement or Court Order to us. We’ll then confirm we can split the super as drafted. After procedural fairness, you’ll need to send the certified original final agreement or Court Order to us at:

Family Law Officer
CareSuper
Locked Bag 20019
Melbourne VIC 3001

If the account being split is with another super fund, you’ll need to send your documents to the fund that holds that account.

How long can it take?

A super split is usually processed four business days after the Operative Date, which is the effective date of the split outlined in the agreement or Court Order. After processing, the super is put into a holding account until we receive instructions from the non-member spouse.