Superannuation is property under Part VIIIB of the Family Law Act 1975 (Cth). It can be split between spouses on relationship breakdown via a super-splitting order — a court order that divides one party’s super interest between both parties. Super splits are technically complex. The Settlement Planner handles the structural analysis; specialist input (financial advisor, super-specialist solicitor) is often valuable for the implementation.Documentation Index
Fetch the complete documentation index at: https://help.rytz.com.au/llms.txt
Use this file to discover all available pages before exploring further.
Three super-fund categories
Different fund types are valued and split differently:Accumulation funds
Most-common type. Account balance = current value. Splits are straightforward — the fund pays a portion of the balance to the receiving spouse’s new or existing super account.
Defined-benefit funds
Public-sector (some states), older corporate funds. Value depends on a formula (years of service, final salary, factor). Requires actuarial valuation. Splits are more complex; sometimes the receiving spouse takes a share of the same defined-benefit, sometimes a commuted lump sum.
SMSFs (self-managed super funds)
Complex. Asset-by-asset valuation (real property, businesses, art, crypto). Often illiquid. Splits may require asset transfer, sale, or restructuring of the fund itself. Specialist input usually essential.
When super splits are useful
Three common patterns:Disparate balances
One spouse has 50K. A super split rebalances without requiring property transfer or cash payment between the parties.
Insufficient liquid pool
The non-super pool isn’t large enough to provide an equitable settlement without transferring property from one party to the other. Splitting super addresses the gap.
Tax efficiency
Cash payments between former spouses are typically not taxed but may have other tax consequences (CGT on sold assets, stamp duty on transferred property). Super splits stay inside the super system, preserving tax-favoured treatment.
Valuation
The platform’s Settlement Planner asks for a current value for each super interest. Sources:| Fund type | Valuation source |
|---|---|
| Accumulation | Current member statement (provided by fund) |
| Defined-benefit | Family-law-purposes valuation (typically by actuary; some funds provide their own) |
| SMSF | Recent fund accounts + asset-by-asset valuation |
The split order
A super split is implemented by court order — either consent orders (for negotiated splits) or trial orders. The order specifies:- Which fund interest is being split (the fund name + member number)
- The base amount — either a percentage of the value or a fixed dollar amount
- The non-member spouse — the spouse receiving the split portion
- The destination — typically a super account in the receiving spouse’s name (existing or new)
The procedural steps
Step 1 — Notice to the trustee. Under Part VIIIB, the trustee of the super fund must be served with a notice of the proposed split before orders are made. The platform produces the notice template.
Step 2 — Actuarial / member-statement valuation. Get current valuation for each interest. Statements are typically free; defined-benefit valuations cost.
Step 3 — Trustee response. The trustee usually responds within 28 days, confirming what the fund will accept (some have specific clauses or restrictions on splits).
Step 4 — Order made. Either by consent or by court determination. The order specifies the split.
Step 5 — Trustee implements. The trustee processes the split — moves the splitted portion to the receiving spouse’s nominated account, sends confirmation to both parties.
What the platform handles
The Settlement Planner’s super section:- Captures each super interest (fund name, member number, type, value, valuation source, valuation date)
- Prompts for proposed split (percentage or dollar amount)
- Calculates net pool implications (super splits affect the overall settlement maths)
- Produces super-splitting consent-order language in court-compliant format
- Produces trustee notice template for service before order
Where specialist input pays off
Three scenarios where engaging a specialist is high-leverage:Common super issues
Don’t underestimate super. Many self-represented parties focus on the “tangible” pool (house, savings) and treat super as secondary. For middle-career spouses, super often represents 30–50% of the total pool. Treating it secondarily produces poor settlements.
Don’t assume equality. “Each side keeps their own super” sounds equitable but rarely is. Super accumulation correlates with employment patterns; the spouse who took parental leave or worked part-time during the relationship has substantially less. Equality of outcomes typically requires unequal of-each-fund treatment — i.e., a super split.
Watch the contribution-cap rules. When super is split into a receiving spouse’s existing fund, the receiving fund must accept the contribution. Contribution caps apply. Specialist advice on contribution-cap implications is useful for substantial splits.
What the Settlement Planner will not do
- It will not value defined-benefit or SMSF interests automatically. External valuation is needed.
- It will not provide tax advice. Tax treatment of super splits is specialist territory; consult an accountant or financial advisor.
- It will not implement the split. Implementation is via court order + trustee processing.
- It will not replace specialist input on complex super. Defined-benefit and SMSF matters typically warrant expert engagement.
What’s next
Step 1 — Asset pool
Super is part of the broader pool.
Document import wizard
Auto-populate super from imported member statements.
Settlement Planner overview
Step back to the framework.
The section 79 framework
Where super splits fit.