Understanding the Impact of Divorce on Defined Benefit Superannuation Schemes
When couples separate or divorce in Australia, one of the key financial considerations is how to divide their assets, including superannuation. While most people are familiar with accumulation super accounts, defined benefit schemes can be more complex to divide and value. So, how are these types of superannuation treated in a divorce settlement, and what challenges do they present?

What Is a Defined Benefit Superannuation Scheme?

A defined benefit scheme is a type of super fund where the retirement payout is based on a formula, typically involving the member’s salary, years of service, and a benefit multiple. Unlike accumulation funds, the value doesn’t fluctuate with market performance and isn’t always clear on paper. Examples of defined benefit schemes in Australia include PSS, CSS, and some employer-provided funds for government employees, defence personnel, and large corporations. It is important to understand that Defined Benefit Superannuation Schemes are no longer available to new members. Although Defined benefit Superannuation Schemes are mostly closed to new members, Industry SuperFunds are very much open and they provide excellent benefits. As well the great tax advantages that can come with retirement income streams

Are Defined Benefit Super Funds Split in Divorce?

Yes, under the Family Law Act 1975, superannuation is treated as property and can be split between separating spouses or partners. This applies whether you're married or in a de facto relationship. However, defined benefit schemes can be difficult to value accurately because the final payout often depends on future salary and service, not a current account balance.

Defined benefit superannuation schemes add an extra layer of complexity to divorce settlements. While they can be split like other super funds, their unique structure requires careful valuation and consideration. Seeking both legal and financial guidance can help ensure a fair outcome and protect your future financial security.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
Tags:
Related articles
Blog: Serving Divorce Papers in Australia: What You Need to Know
Serving divorce papers in Australia? Understand the service requirements and methods with our expert guidance for seamless proceedings.
Blog: Finances and property: We cannot agree
Navigate financial disputes in Australia with expert legal guidance. Learn about pre-action procedures, duty of disclosure, and time limits for resolution. Schedule a free consultation.
Blog: When mediation fails – what’s next?
Exploring options when mediation fails in family law disputes
Blog: When mediation is not appropriate
Mediation not always ideal for family disputes. Learn when it's ineffective for parenting or property matters, and alternatives when facing urgency or safety issues.