Geelong Advertiser

Take care when settling on your super solution

- YOUR MONEY

A DIVORCE from your husband or wife, or a separation from your de facto, normally results in a division of your assets and debts, whether they’re held separately or together, and accumulate­d superannua­tion is no exception.

Even if one of you hasn’t contribute­d to superannua­tion for many years, that person could still be entitled to a percentage of the other’s super.

A superannua­tion agreement can be put in place before, during or after your relationsh­ip, as part of a broader “binding financial agreement”.

This agreement can specify how super is to be split upon separation or divorce.

If you can’t come to an arrangemen­t together, you might instead look to obtain financial orders, under which a court hearing will determine how the super is to be split between the two of you.

Because there are rules around when super can be accessed (for instance, you may need to have retired from the workforce), remember that splitting super won’t necessaril­y result in an immediate cash payout. Super is treated differentl­y to other assets and debts.

Depending on your circumstan­ces, you may also wish to establish a “flagging agreement”, whereby the super fund is prevented from paying out any super until the flag is lifted, which may also result in a fee.

O Once the super-splitting order is made, whether by consent or after a court hearing, you’ll also need to provide a copy of the order to the super fund for it to be effective.

Some people prefer to avoid lengthy and stressful disputes by choosing to forgo some of their entitlemen­ts and get it over with. However, the trouble with doing this is that it may have significan­t financial consequenc­es down the track, so it’s important to be armed with all the informatio­n you can to ensure the decisions you make are sound.

 ??  ?? SPLITTING UP: Superannua­tion is another asset to be taken into considerat­ion in a divorce.
SPLITTING UP: Superannua­tion is another asset to be taken into considerat­ion in a divorce.
 ??  ??

Newspapers in English

Newspapers from Australia