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Superannuation and Family Law – update on new arrangements for members

As we advised members in the 2002 Annual Report, the Government’s new Family Law arrangements regarding super-splitting came into effect on 28 December 2002.

From that date onwards spouses are able to split superannuation, like other assets, upon marriage breakdown. These new arrangements apply to all Australian superannuation funds.

How the new arrangements will be applied to the Government employee super schemes such as the CSS is still being finalised and we will advise members of any information as soon as it becomes available.

In the meantime, we have been advised that from 28 December default arrangements will apply.

Generally speaking the new arrangements will enable married couples separating, or the Family Court, to value a member's superannuation interest and make an agreement, or order, for the superannuation amount to be split between the parties. Once superannuation is divided as part of a property settlement, it is intended that a separate account will be set up for each party and benefits will then accumulate independently.

It is not mandatory that spouses avail themselves of the new arrangements. For those who wish to do so there are a number of steps to take and members should contact a PSS/CSS Information Officer at ComSuper on 1300 000 277 to find out more.

To apply for information about a spouse’s superannuation for Family Law purposes, a spouse must complete the Family Law Application for Information and Declaration and post it to ComSuper, PO Box 22, Belconnen, ACT 2616.

Members should also consider seeking advice from a qualified family law practitioner.

For more information: call a PSS/CSS Information Officer on 1300 000 277