Super Split Myths: Why Equalising Isn’t Always Fair in Divorce: EPISODE 196
🎧 Listen to This Episode If You:
💼 You're negotiating your super split after divorce in Australia
🧐 You've been told “let’s just equalise super — it’s fair”
😵💫 You’re confused about what super is worth vs. cash
💸 You’re worried about being left worse off long-term
🧾 You’ve made non-financial contributions (like parenting or homemaking)
⚖️ You want to make sure your property settlement is legally fair
👀 You suspect you’re being pressured into a bad deal
Are you about to deal with your superannuation in your divorce or separation? Before you sign off on that “equal split,” you’ll want to hear this.
In today’s episode, we sit down to unpack the worrying trend of super equalising — where separating couples are told to simply make their super balances the same and move on. But here's the thing… that’s not what the family law of Australia says, and it could seriously disadvantage you, especially if you’ve been the lower income earner or the stay-at-home parent.
We share case examples, court insights, and some shocking myths that are floating around in legal circles — and we tell you what to do if a lawyer, mediator, or even your ex suggests this path.
📌 Legal Disclaimer: This is general info only — not legal advice. Please seek independent legal support for your personal situation.
🔑 Key Topics Discussed
- Why superannuation is property and must be assessed like any other asset
- The myth of "equalising super" — and who really benefits from it
- How future needs (Section 75(2)) affect super division
- When courts don’t approve equal splits — even in consent orders
- How coercive control and fear can influence unfair agreements
- The difference between cash and super — and why it matters to your financial future
- What the law actually says about super splitting
- Case examples: Coghlan & Coghlan (2005) and Baxter & Baxter (2010)
- Why defined benefit and self-managed funds need special attention
- What info to bring to your lawyer when discussing your super and property pool
🎙️ Related Episodes
- Contributions episode https://open.spotify.com/episode/1CRmGojnduHE6JiCqFCCPZ?si=ThmJIlkMQBO5kFQQ-_m_3g
- Future Needs episode: https://open.spotify.com/episode/5S6GtjDxg9VqY6wcgopzEx?si=ILYJeQiGQYShWYYp_WGRNw
- Property episode: https://open.spotify.com/episode/7D0Q44RXr6x28XEVOVUYhQ?si=3ywSQ0DLTd2ZGiGYXSvZPw
- Superannuation episode : https://open.spotify.com/episode/0UwyfuRcv4KQ7jMNyaGCoq?si=VsOkiMB5Q2KEyNgyJdywcA
- Spousal Maintenance are you eligible episode https://open.spotify.com/episode/510Dgc3ko913tNN1ggbtwJ?si=CQXG9fo0QPWPzNwPX4z6YQ
- The Pitfalls of Percentages
RESOURCES
SECTION 75 of the family law act https://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s75.html
📧 Email the show: [email protected]
⚠️ Emergency Contacts & Support Services:
💜 Women’s Shelter Service: Call 1800 811 811
⚖️ Legal Aid: Visit Legal Aid Website
📞 Lifeline (24/7 Crisis Support): Call 13 11 14
👨👦 Mensline Australia: Call 1300 789 978
👧 Kids Help Line: Call 1800 551 800
🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732
🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123
☎️ 1800 RESPECT – Family/domestic violence support
☎️ Lifeline: 13 11 14 – For emotional support
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