Superannuation Mediation, Separation & Divorce: How to Value and Divide Your Superannuation

When going through a property settlement after separation or divorce, identifying and valuing your superannuation asset pool is one of the most important steps. Superannuation often represents a major portion of your total assets, so understanding how it’s valued—and divided—is essential for achieving a fair outcome in superannuation mediation or through the Family Court.

What Is Superannuation?

Superannuation is money set aside from your income into a superannuation fund, generally preserved until retirement.
During a superannuation separation or superannuation divorce, your super fund becomes part of the asset pool that must be identified, valued, and divided between you and your former partner.

Why the Type of Superannuation Fund Matters

The type of superannuation fund you and your ex-partner hold determines how the superannuation is valued and how it can be split in a superannuation mediation or property settlement process.

Understanding your fund type ensures that both parties receive fair treatment when dividing the superannuation asset pool.

Types of Superannuation Funds in Divorce or Separation

There are several types of superannuation funds to consider during a superannuation separation or divorce:

1. Accumulation Funds – The balance grows through employer contributions and investment returns over time.

2. Defined Benefit Funds – The retirement benefit is calculated using a specific formula rather than a simple account balance.

3. Self-Managed Super Funds (SMSFs) – Privately managed, complex funds that require specialist legal and financial advice during superannuation mediation or division.

If you’re unsure of your fund type, you can contact your super fund directly or check your myGov account for details.

How to Value Your Superannuation Asset Pool

1. Accumulation Funds

You can determine the value of your accumulation fund by:

• Logging into your myGov account to review ATO-linked superannuation information, or

• Reviewing your most recent superannuation statement, usually issued in June and December each year.

This information will show:

• Fund names

• Member numbers

• Account balances

• The most recent valuation date

This information forms the foundation for superannuation mediation and equitable property division.

2. Defined Benefit Funds

Defined benefit funds are valued differently to accumulation funds. You’ll need to obtain the family law value, calculated using a formula set out by the Family Court.

Start by accessing your fund details via myGov or your latest statement, then use the Family Court Superannuation Information Kit, which includes:

• A Superannuation Information Request Form

• A Form 6 Declaration

• A Superannuation Information Form (completed by the fund)

If the value provided by your fund is unclear or inconsistent, you may need to obtain an independent sworn valuation.

Superannuation Mediation & Division in Divorce

During superannuation mediation, both parties must disclose their superannuation accounts and balances. This transparency helps create a full picture of the superannuation asset pool, ensuring fair and equitable division.

It’s important to note that dividing superannuation in divorce does not necessarily mean accessing or withdrawing funds. Instead, entitlements are often split between funds under a court order or a binding superannuation agreement.

Professional advice can help ensure your superannuation is correctly valued and divided as part of your overall property settlement.

Need Help with Superannuation Mediation or Separation?

Superannuation can be one of the most complex assets to divide after separation. An experienced family lawyer can assist you with:

• Identifying and valuing your superannuation interests

• Managing superannuation mediation and negotiations

• Drafting or reviewing superannuation splitting orders

• Ensuring compliance with Family Court requirements

Let us help you reach a fair and balanced outcome in your superannuation divorce or property settlement mediation.

Contact Us Today on 1300 538 724 or book a consultation to speak with an experienced family law mediator about your superannuation separation or mediation matter.

Disclaimer

This information is provided for general informational purposes only and is not intended to be legal advice. You should not rely on this information as a substitute for professional advice. It is strongly recommended that you seek independent legal advice when dealing with financial separation, superannuation division, or any other family law matter.