“How will I live in 10 years, I have almost no Super?”

When a couple separates, one issue that is often overlooked is superannuation—particularly where one partner has spent years caring for children and, as a result, has very little in their own super fund.

In many families, one person steps back from paid work to take on the primary caregiving role. While this is a significant contribution to the family, it usually comes at the cost of lower income, fewer employer super contributions, and reduced long-term financial security.

Under Australian law, superannuation is treated as property pursuant to the Family Law Act1975, even though it is not immediately accessible. When parties divide their assets after separation, superannuation is considered alongside other property such as the home, savings, and investments. The law also recognises that contributions to a relationship are not only financial. Caring for children and managing the household are seen as equally important contributions, and this is taken into account when determining what is fair.

Where there is a significant disparity in superannuation, the law allows for what is known as a superannuation split. This enables part of one party’s super to be transferred into the other party’s super fund, helping to address the imbalance created over the course of the relationship. Although the receiving party cannot access those funds immediately, it can make a substantial difference to their financial position in retirement.

Addressing superannuation in this context is important. For the partner who has prioritised caregiving, it is often a key step in achieving a just and equitableoutcome and ensuring greaterfinancial security in the future.