What is the date of separation for super purposes?

The date of separation is the date one or both parties communicated an intention to end the relationship and that intention was acted on. It is the anchor date for valuing the matrimonial pool — including super. Disputes about the separation date are common; the actuarial valuation should be re-runnable at multiple candidate dates so it does not become a sticking point.

Do de facto couples have to split super on separation?

Yes. Since 1 March 2009 (or 1 July 2010 in WA), Part VIIIAB of the Family Law Act applies to de facto couples whose relationship has broken down. The same Part VIIIB super-splitting regime is available, provided the de facto relationship lasted at least two years (or other qualifying conditions are met under s 90SB).

How is super valued at the date of separation?

Accumulation interests are valued at the member's withdrawal benefit on the separation date (or another agreed valuation date). Defined benefit interests are valued under Schedule 2 of the Family Law (Superannuation) Regulations 2001. Pre-cohabitation contributions are then quarantined separately.

Can I get my super statements after we have separated?

Yes. You are entitled to your own member information at any time. You can also request your former partner's super information using a Form 6 served on their fund — they do not need to consent. We help parties and lawyers structure these requests so the data captures the cohabitation and separation balances accurately.

What if we separated years ago but haven't formalised the split?

There is a 12-month limitation period to commence property proceedings after a divorce order takes effect (or 2 years for de facto couples after separation), but extensions are routinely granted. The valuation can still be done — and is often more important after a long delay because the pre-cohabitation slice has compounded further.

Does separation under one roof affect the super valuation?

Not directly. 'Separation under one roof' is recognised by the Court provided the parties can demonstrate the separation factually. The valuation date is still the date the relationship ended, regardless of the living arrangements after that point.

Can super contributions made after separation be excluded from the pool?

Often, yes. Contributions made after the separation date — including SG contributions, salary sacrifice and personal contributions — are typically treated as post-separation contributions and may be excluded from the divisible pool, particularly where the relationship is short or the contributions are large.

What if my ex won't disclose their super on separation?

Your lawyer can serve a Form 6 directly on the fund without your ex's consent. If the fund is not known, your lawyer can apply to the FCFCOA for an order requiring the ATO to disclose the funds your ex holds an interest in. Non-disclosure is taken very seriously by the Court.

Separation & superannuation

Superannuation after separation — for married and de facto couples.

The day you separate is the anchor date for valuing super. Married or de facto, the same Part VIIIB regime applies. The work is identifying what each party brought in, what grew during the relationship, and what came after — accurately, so neither side under-shares or over-shares.

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2 years

Minimum de facto relationship length for property orders under s 90SB.

Part VIIIAB

Family Law Act regime that extends super-splitting to de facto separations since 2009.

12 months

Limitation period to commence property proceedings after a divorce order — extensions available.

What you need to know

Five things every Australian needs to know about separation and superannuation.

De facto separation = same rules

Part VIIIAB extends Part VIIIB super-splitting to de facto couples (since 1 March 2009; 1 July 2010 in WA). The 2-year qualifying period under s 90SB applies, with exceptions for children, registration, and substantial contributions.

The separation date is your anchor

Every dollar in super on the separation date is captured in the pool. Anything added after — including SG contributions and salary sacrifice — is often excluded as post-separation contribution.

Form 6 unlocks your ex's super data

You don't need consent. A Form 6 served on the trustee compels disclosure of balance, contribution history and benefit information for family law purposes.

Time limits matter, but extensions are common

12 months post-divorce for married couples; 2 years post-separation for de facto. Extensions are routinely granted — but every month of delay grows the pre-cohabitation slice that needs valuation.

Disputed separation dates re-run easily

We model the valuation at multiple candidate separation dates so the calculation isn't held hostage to that argument.

The law

The Australian authorities that govern this.

Family Law Act 1975 — s 90SM

Property orders for de facto couples; mirrors s 79 for married couples.

Coghlan & Coghlan [2005] FamCA 429

Two-pool treatment of super where contributions are disproportionate at separation.

Stanford v Stanford [2012] HCA 52

Property orders must be 'just and equitable' — s 79(2) and s 90SM(3) gateway.

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How super is treated when a relationship ends in Australia

Whether you were married or in a de facto relationship, the day you separate is the anchor for valuing the property pool. Part VIIIB of the Family Law Act 1975 governs married couples; Part VIIIAB extends the same super-splitting regime to de facto couples whose relationship broke down on or after 1 March 2009 (1 July 2010 in Western Australia).

De facto qualifying conditions

For a de facto separation to engage the property regime, at least one of these conditions in s 90SB must be met: the relationship lasted at least 2 years; there is a child of the relationship; one party made substantial contributions; or the relationship was registered under a state law.

Valuation date matters

The valuation date for super is usually the date of separation, the date of the property hearing, or the date of the financial agreement — whichever the parties agree (or the Court orders). The further apart those dates are, the more important it is to model multiple candidate dates so the valuation does not become a moving target.

Post-separation contributions

Contributions made after separation — SG, salary sacrifice, personal — are typically treated as the contributing party's separate property, not as part of the pool. This works both ways: if you are the contributing party, isolate them. If your former partner is, ensure the valuation excludes them from the divisible pool.

The process

From first call to signed report.

01
Confirm the date
We agree the relevant separation date — or model multiple candidate dates if disputed.
02
Form 6 disclosure
Trustee discloses balance, contribution history and benefit information.
03
Reconstruction
Pre-cohabitation balance grossed up; post-separation contributions stripped.
04
Mediation-ready report
Defensible number for negotiation, mediation or court.

Frequently asked

Separation and superannuation — your questions answered.

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