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Title: Littlejohn Legal Explains Key Aspects of Dividing Superannuation in Family Law Settlements

Australia, 20th Sep 2025 — Littlejohn Legal, a leading provider of family law services in Victoria, today published a detailed guide explaining how superannuation is handled during family law and financial settlements. The article, “Dividing Superannuation in Family Law Settlements”, outlines clients’ rights and options under Australia’s legal framework for super splits following separation. Superannuation is treated as property under Australian family law following the breakdown of marriages or de facto relationships. Rather than forcing an early cash‐out, super is typically split or assigned via one of several legal mechanisms: a court order, a consent order without court appearance, or a binding superannuation agreement (which may be standalone or part of a broader financial agreement). Highlights from the ArticleImmediate vs. Deferred Splitting: Not all super funds can be split immediately. Some super funds have restrictions that delay when division can take place. Even where splitting cannot occur right away, agreements can be made to take effect once the restrictions are lifted.Superannuation Flags: Courts or super agreements can impose payment flags—basically warnings on super funds—if division cannot yet proceed. These were more common historically, but they remain an available tool.When Super is a Financial Resource Rather Than Divisible Property: Some kinds of superannuation, for example pensions that cannot be converted to cash, may not qualify as property for division purposes and are instead considered under financial resource assessments. Methods for Splitting Super in Settlements: The article describes two typical approaches:Two-Asset-Pool Approach – separating super from non-super assets (e.g. home, savings) and dividing each poo...

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