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6 June 2024

My wife and I are both Australia citizens but resident in US for over 10 years. We are getting divorced and have agreed to split my super fund in settlement but will only have us court documents. Does anyone know of a process to have the us settlement recognized so we can avoid taxes when moving balance to her super fund.

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WendyATO(Community Support)Community Support
12 June 2024

Hi @Daveinzambia,


Just to clarify the super fund that needs to be split is this an Australian super fund to another.


If so, to split super in Australia due to divorce you need get an agreement or court order. US court documents may not be sufficient.


Best to get advice from our Tailored technical assistance team how to move forward.

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splitting super fund during international divorce. | ATO Community