Does Superannuation flagging on separation apply to superannuation trustees?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Yes
Yes. This obligation applies to superannuation trustees whatever their structure or size. The deciding fact: Industry: Superannuation trustees.
The obligation in brief
Superannuation flagging on separation. Part VIIIB of the Family Law Act 1975 allows splittable payments from a superannuation interest to be allocated between the parties to a marriage or de facto relationship, either by agreement or by court order, and overrides any contrary law or trust deed. A superannuation interest is treated as property for property settlement.
Trigger: A spouse's information request with the prescribed declaration; service of a superannuation agreement, flag lifting agreement, splitting order or flagging order on the trustee; or a successor fund transfer of a flagged interest.
Why superannuation trustees get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Superannuation flagging on separation" is no. Superannuation trustees is one of the 1 where the answer is different: yes.
The deciding fact for superannuation trustees: Industry: Superannuation trustees.
About the industry: Trustees of APRA-regulated super funds.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Superannuation trustees).
Answer by business structure and size
Each cell is the engine's outcome for a business in superannuation trustees with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Yes | Yes | Yes | Yes | Yes | Yes |
| Partnership | Yes | Yes | Yes | Yes | Yes | Yes |
| Trust | Yes | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | Yes | Yes | Yes | Yes | Yes | Yes |
| Public company | Yes | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | Yes | Yes | Yes | Yes | Yes | Yes |
| Registered charity | Yes | Yes | Yes | Yes | Yes | Yes |
| Super fund | Yes | Yes | Yes | Yes | Yes | Yes |
| Foreign company | Yes | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- Information must be provided in accordance with the regulations after a valid application; a payment flag applies from the operative time until lifted; notification of the next splittable payment is due within the period set in a flagging order.
- Evidence to keep
- Information requests, declarations and the trustee's responses (which must not disclose the member's address to the spouse); served superannuation agreements, flag lifting agreements and court orders; records showing no splittable payment was made while a flag operated; notices to member and non-member spouses; payment split calculations and implementation records.
- Maximum penalty
- A trustee who makes a splittable payment while a payment flag is operating, fails to provide required information, or discloses the member's address to the spouse commits an offence of 50 penalty units ($18,200), or 250 penalty units ($91,000) for a body corporate under s 4B(3) of the Crimes Act 1914 (Family Law Act 1975 ss 90XL(4), 90XZB).
- Regulator
- AGD
- Jurisdiction
- Commonwealth (national)
Other obligations where superannuation trustees differ from the norm
- Annual YFYS performance test (MySuper + Choice): Yes
- Comply with APRA CPS 230 (Operational Risk Management): Yes
- Comply with APRA CPS 234 (Information Security): Yes
- Comply with Design and Distribution Obligations (DDO): Yes
- Comply with Financial Accountability Regime (FAR) accountability obligations: Yes
- Comply with SIS Act trustee covenants: Yes
- All 15 answers for superannuation trustees
Questions
- Does Superannuation flagging on separation apply to superannuation trustees?
- Yes. This obligation applies to superannuation trustees whatever their structure or size. The deciding fact: Industry: Superannuation trustees.
- Is the answer the same for every industry?
- No. For 34 of the 35 industries Rules Mate maps, the answer is no. Superannuation trustees is one of 1 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.