From Wednesday 28th September 2022

Western Australian separating de facto couples will be able to split their superannuation in the same way as their Eastern States counterparts following the passage of new laws through State Parliament.

Prior to the long-anticipated reform, This was in contrast to married couples in WA, as well as married and de facto couples elsewhere in Australia.

When a relationship breaks down, often there is a disparity in the amount of Superannuation accumulated by each party. This is especially obvious when a mother has stopped working and earning outside the home and stays at home as the primary carer of the children. Previously, unlike married couples, West Australians who lived in a de facto relationship were prevented from "super splitting", the process of transferring some of the accumulated Super of one party to the nominated Superannuation Fund of the other, as the Family Court of Western Australia was unable to make an order splitting superannuation assets when it came to de facto couples.

West Australia Attorney General John Quigley said, "This often created severe injustices where there were not enough other assets to help make a fair division of property between the separating de facto partners."

"WA has finally joined all other Australian jurisdictions in allowing separating de facto couples to split what is often their largest asset - superannuation. For too long outdated arrangements meant each partner walked away with their individual superannuation account balance - no matter how disproportionate they were - leaving women overwhelmingly disadvantaged," said Mr Quigley.

There are more than 200,000 Western Australians in de facto relationships. The reform will mean they are no longer disadvantaged with regard to splitting superannuation assets in the event that their relationship breaks down.

Christine Weston
Divorce Resource

This article contains general information only. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional.