Super Split Myths: Why Equalising Isn't Always Fair in Divorce

🎧 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.

0:00 – Are you about to deal with your super during divorce? Here's why this episode matters

1:00 – What does "equalising super" even mean—and why is it a problem?

2:00 – Why super is just another form of property under Australian law

3:30 – Why some lawyers are pushing for equal splits (and why that's dangerous)

5:30 – The golden rule: Super is subject to all the same rules as other property

7:00 – Are you being pressured to leave super out or just equalise it? Here's what to watch for

9:00 – How parenting and homemaking count as contributions to super

11:00 – Dodgy tactics: Over-contributing to super or hiding income

12:00 – How new 2025 laws include behaviour and abuse in property settlements

13:30 – When equalising might actually be okay—but only if the whole pool is fair

14:30 – Real case: Baxter & Baxter – what happens when the court gets it wrong

17:00 – What you can say to your ex (or lawyer!) if they push for equal super splits

18:30 – What Section 75(2) of the Family Law Act says—and why it matters

21:00 – Your capacity to earn, care for kids, and stay healthy are all future needs

23:00 – Why just "keeping the super" might leave you financially vulnerable

25:00 – The court's 5-step approach—and why percentages come last

27:00 – Why agreeing to percentages too early can backfire

30:00 – What to take to your lawyer to get proper advice on super and property

32:00 – Are SMSFs and defined benefit funds treated differently in divorce?

33:30 – Can you ever access your super early for legal fees?

34:00 – Why 97% of people settle out of court—and what that means for fairness

36:00 – Why consent orders can protect you more than a Binding Financial Agreement (BFA)

🔑 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: thedivorcecoursepodcast@gmail.com

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