Under Family Law legislation, superannuation is considered to be property and can be split when a couple separates or divorces."
All superannuation assets, not just amounts that accrued during the course of the marriage, will be treated as property and will be included in the property settlement on divorce or separation. This means that a proportion of the member's superannuation benefit can be allocated to the non-member spouse, who will be entitled to that amount together with any interest earned.