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Can I use my super to buy a house after divorce?

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Generally no - superannuation cannot be accessed early to purchase a home outside of the First Home Super Saver Scheme (FHSSS), which only applies to first home buyers who have made voluntary contributions. However, superannuation is treated as property in a divorce settlement and can be split between parties via a superannuation splitting order. If you receive a larger share of super as part of your settlement, that does not directly help you buy a house - but it may allow you to negotiate a larger share of other liquid assets (like cash or property equity) in exchange.

Superannuation in property settlements

Super is part of the total asset pool. Courts can order that super be split - even if it is held entirely in one party's name. The split does not mean you receive cash - the funds are transferred to your own super fund. This is important to understand when negotiating: a larger super split may come at the expense of a smaller cash or property share.

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