Is the super I had before the relationship protected?
Not automatically. All super \u2014 including what you had before \u2014 usually goes into the property pool. What you brought in, grown to today's dollars, is a financial contribution under s 79(4)(a) that the Court weighs in your favour. It has to be valued and evidenced to count.
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.
It still goes into the pool
Superannuation is property under Part VIIIB of the Family Law Act 1975 (Part VIIIC for de facto couples). The Court identifies and values all property, including super held before the relationship began.
Why it still matters
Under the codified s 79 analysis (in force from 10 June 2025), the Court assesses each party's contributions under s 79(4). A balance you brought in is an initial financial contribution. The investment growth it would have earned regardless of the relationship is part of that contribution.
How much weight it gets depends on the whole relationship — its length, and both parties' other contributions. In longer relationships the weight often reduces. It is not a guaranteed carve-out.
What goes wrong
Parties often quote the old statement balance — say $45,000 in 2003 — rather than its value rolled forward to separation. The contribution is then understated. An actuarial roll-forward uses the actual returns of the fund and option held, so the figure can be tested by the other side.
Sources
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One fixed-fee report: A$495 + GST (A$544.50 inc. GST), signed by a qualified actuary, usually within 5 business days.*
*When the correct member statement and cohabitation balance are supplied on day one.