How is super split in a divorce in Australia?
There is no automatic 50/50 rule. Super is treated as property, valued, added to the pool, and then divided under the s 79 analysis. The split is made by court order or a superannuation agreement, as a base amount or a percentage.
Written by Yiannis (John) Tellyros, AIAA, Consulting Actuary. Reviewed 26 September 2026 (against the Family Law (Superannuation) Regulations 2025). General information only, not legal advice.
The steps the Court follows
1. Is it just and equitable to make any order at all (Stanford v Stanford)?
2. Identify and value all property, including super.
3. Assess each party's contributions under s 79(4).
4. Consider current and future circumstances under s 79(5).
5. Make orders that are just and equitable overall (s 79(2)).
How the split is carried out
A splitting order or superannuation agreement tells the fund to create a new interest for the other party, either as a fixed base amount or a percentage. Split super usually stays preserved — it is not cash in hand until a condition of release is met.
Where valuation comes in
Accumulation accounts are generally valued at the withdrawal benefit. Defined benefit interests use the methods in the Family Law (Superannuation) Regulations 2025. Separately, what each party brought in has to be valued in today's dollars so it can be weighed as a contribution.
Sources
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