At the end of 2002 there were major changes in legislation relating to superannuation and family law. The main impact of these changes is that superannuation is now treated as ‘property’ and can be split as part of a property settlement. Defacto and same-sex couples can also use the Family Law Act to divide superannuation.
There is a formula which is prescribed under the Family Law Rules to value superannuation. This is especially important in defined benefit funds, such as the CSS, the PSS, or the DFRDB.
Superannuation is a complex area of family law. You should make decisions about your superannuation only after having received advice from an experienced family lawyer.
