Changes for family law legislation, effective from 28 December 2002, mean that on divorce or separation superannuation can now be divided in the same way as property.

Under the new legislation, all or part of one spouse's superannuation may be allocated to the other spouse, subject to court order or agreement. Super funds must now comply with court orders, and formal agreements reached between the parties in relation to the superannuation.

The new superannuation splitting laws allow:

1. Either party to a marriage or a person intending to enter a superannuation agreement with the member spouse to obtain information about the superannuation interest of a party to that marriage.

2. By agreement by the parties to the marriage or order of the Family Court, to flag superannuation interest to prevent the benefit being paid until a decision is made on the property settlement.

3. By agreement by the parties to the marriage or order of the Family Court, to split a superannuation interest between the parties.

The rules apply only to legally married couples.

The rules also apply to marriages that were dissolved prior to 28 December 2002, unless a previous property settlement or maintenance agreement is in force.

ESSSuper

The Superannuation Act (Family Law) Bill 2003 has passed though State Parliament. The Act enables implementation of the "clean break" with respect to the splitting of a superannuation benefit.

Further information can be found on http://www.esssuper.com.au or phone 1300 655 476 and request to speak to a Family Law Administrator.

VicSuper

Further information can be found on http://www.vicsuper.com.au or phone VicSuper on 1300 366 216 and ask to speak with the Family Law Unit.