Is my Kiwisaver or Superannuation relationship property?

Relationship property does include superannuation policies and Kiwisaver if your relationship qualifies under the relationship property law. 

If you are in a relationship of 3 years or more (or have a child from the relationship), then the increase in value of your Kiwisaver or superannuation policy, from the date the relationship commenced until the date of separation, will be relationship property.  Anything accumulated prior to the relationship beginning or after the relationship ended will remain as separate property.

If you are not in a de facto relationship, marriage or civil union for the period of 3 years (and do not have a child of the relationship), then relationship property is divided on a contribution basis only. Under this situation, contributions that you make to your Kiwisaver or superannuation during a relationship of under 3 years will remain your separate property.




Shaun Cousins
Family Lawyer
Wellington