How to Split Superannuation After Divorce in Australia

Superannuation is often the second-largest asset in a marriage after the family home — yet the splitting process is more complex than any other asset division. Unlike bank accounts where you can simply transfer funds, super splitting requires a specific four-step statutory process under Part VIIIB of the Family Law Act 1975. Miss one step and the fund trustee will reject your application.

Step 1: Request Information (Form 6)

Before the court can construct splitting orders, you need to know exactly what's in each fund. As an "eligible person" under the Family Law Act, you can compel your ex-spouse's super fund to disclose their account details — without needing their consent.

Submit a Form 6 Declaration alongside a Superannuation Information Request Form (from the FCFCOA Superannuation Information Kit) to the trustee of your ex's fund. The trustee is legally obligated to respond.

Most funds charge an administrative fee for processing this request — expect $150 to $187 for Commonwealth Superannuation Corporation (CSC) funds, with similar fees at private funds.

Step 2: Get the Account Valued

The valuation method depends on the type of fund:

• Accumulation accounts (the most common type): the value is simply the current account balance shown on the latest statement
• Defined benefit schemes (government pensions like SASS, SANCS, PSSap, or CSS): these require a formal actuarial valuation using fund-specific formulas. Expect to pay $500 to $2,000 for the actuarial report
• Self-managed super funds (SMSFs): require a current financial statement and possibly independent valuations of any property or unlisted assets held in the fund

Defined benefit splits are significantly more complex because the benefit isn't a simple dollar balance — it's a formula based on years of service, final salary, and age at retirement.

Step 3: The 28-Day Trustee Notice Rule

This is the step that trips up self-represented applicants and delays proceedings by months.

Under Section 90XZG of the Family Law Act, you must serve a sealed copy of the proposed draft splitting orders on the super fund trustee at least 28 days before the court makes the orders or you file Consent Orders.

This "procedural fairness" period gives the trustee time to review the draft and flag any terms that are inconsistent with the fund's rules or administratively unworkable. If you show up to court without proof that you served this notice, the court will refuse to make the orders.

What to include in the draft order:

• Whether the split is a dollar amount or percentage
• The name and details of the fund being split
• Where the non-member spouse's portion should be transferred

Step 4: Serve the Final Order and Regulation 144 Notice

Once the court approves the Consent Orders (or makes orders after a hearing), you need to serve two documents on the trustee:

1. A certified copy of the sealed FCFCOA order
2. A completed Regulation 144 Notice containing the non-member spouse's personal details, tax file number, and rollover instructions

The trustee then creates a new account or rolls the split amount into the nominated external fund.

NSW State Super: A Special Case

If splitting a NSW public sector scheme administered by State Super (SASS, SANCS, or PSSap), the non-member spouse cannot keep their split portion within the scheme. The funds must be rolled over into an external complying superannuation fund of their choice.

This means the non-member spouse needs to have a receiving super fund ready before the Regulation 144 Notice is served. If they don't nominate a fund, the trustee will hold the funds in a suspense account — but this creates unnecessary delays.

What You Cannot Do With Split Super

Split superannuation funds remain preserved within the super system. You cannot withdraw them as cash unless you:

• Have reached your preservation age (generally 60)
• Meet strict compassionate grounds requirements
• Qualify under severe financial hardship provisions

This catches people off guard — they expect the split to produce immediate cash, but it doesn't. The funds sit in super until retirement conditions are met.

Common Mistakes That Delay the Process

• Skipping the 28-day notice — the single most common cause of delayed super splits
• Filing orders that specify a dollar amount when the balance has changed — if months pass between drafting and filing, the account balance may have shifted. Consider percentage-based orders instead
• Not checking whether the fund accepts the split type — some funds can only process dollar-amount splits, not percentages
• Forgetting to include the tax file number on the Regulation 144 Notice — the trustee will reject the notice without it

The NSW After-Divorce Checklist includes a superannuation splitting tracker that walks through each of these four steps with checkboxes, deadline calculators, and sample notices — built specifically for self-represented applicants handling the process without a lawyer.

See more New South Wales guides →