Death and divorce
Distributing your super when you die
If you die while you are a fund member, the trustee will normally pay your death benefit to one or more of your dependants or to your estate.
You can tell your fund how you would like your death benefit to be distributed. Some funds allow you to do this on a 'binding' basis, while in other funds the trustees have discretion about who they pay your death benefit to.
Your 'dependants' are your spouse, your children, people with whom you had an 'interdependent' relationship or those who depend on you financially. Ask your fund for details.
Contact your super fund for more information.
The effect of divorce and property settlement
If your marriage breaks down, your superannuation is treated in the same way as your other assets. It can be divided by agreement or court order.
Your divorcing spouse is entitled to information from your fund about your superannuation. If the super is split up, a new account will generally be started for the ex-spouse receiving a share of the funds. De facto relationships are covered under state laws. You may need legal advice.
If you are receiving superannuation as part of your settlement, you may be able to leave it where it is, or you may want to consolidate it with your existing super. Find out more about consolidating your super.
Contact your super fund for more information.