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PA LAW • SUPERANNUATION VIDEO GUIDE
Can an Abusive Partner Receive Your Super When You Die?
Presented by Manal Amro, Principal Solicitor, PA Law Pty Ltd. Published and sources checked .
Watch: could an abusive partner receive your super?
Watch this PA Law video on YouTube. Use the five questions below to start a discussion with your fund and independent advisers.
Abusive partner and super death benefits: the proposed reform
On 14 October 2026, the Australian Government announced plans to prevent perpetrators of family and domestic violence receiving their victims’ superannuation death benefits. The Treasury announcement says draft legislation is expected later in 2026.
This is an announced reform, not a basis for assuming a new exclusion is already operating. An announcement, a draft bill and a law that has commenced are different stages. The final wording, eligibility tests and commencement arrangements must be checked as the proposal develops.
If you are concerned about an abusive partner receiving a benefit, review your existing arrangements now when it is safe to do so. Do not assume that telling someone about the abuse, updating your will or waiting for legislation will resolve the fund’s nomination records.
This guide describes the announcement as at 19 October 2026. It does not predict the final legislation or guarantee how a fund would decide an individual claim.
5 essential checks to discuss with your super fund
Ask for an explanation of the nomination actually recorded on your account. If you have more than one super account, check each fund separately. Different funds can offer different nomination options and requirements.
- Who is currently nominated? Ask what nomination the fund holds, when it was received and who is listed. Do not rely only on an old form saved at home. Ask how you can safely obtain confirmation of the current record.
- Is the nomination binding or non-binding? A non-binding nomination guides the trustee but does not require it to follow your preference. A valid binding nomination can provide greater certainty, subject to eligibility and the applicable rules.
- Does it expire? Some binding nominations lapse; others do not. Ask the fund to confirm your particular nomination’s expiry and renewal process. Set a private reminder only if doing so is safe for you.
- Are the recipients eligible? You cannot necessarily nominate anyone you choose. Ask about the categories of eligible recipients and how the fund assesses them. Consider your legal personal representative as part of an advised estate plan, rather than assuming that naming any person will work.
- What could make it invalid? Check the form, signatures, witnesses and any other formalities required by the fund. Ask how relationship changes and other events affect validity. Confirm that an updated nomination has been received and what further steps, if any, are needed.
A nomination should reflect your freely made intentions. If an abusive partner is involved in completing forms or contacting the fund, tell your adviser privately about any pressure and discuss safe ways to proceed.
Why changing your will alone may not change your super
Superannuation does not automatically form part of your estate. The death benefit can include your super balance and insurance held within super, so the nomination may affect a substantial amount.
You can nominate your legal personal representative, where permitted, so the benefit is paid into your estate. Alternatively, an eligible recipient may receive payment directly. These choices have different implications and need to be considered with your circumstances, fund rules and specialist advice where required.
For example, a person might change their will after leaving an abusive partner but never check the nomination held by their super fund. The will change alone does not establish that the fund’s records have changed. The practical next step is to review both sets of arrangements.
For a broader written guide, read Super Death Benefits and Financial Abuse: 9 Essential Checks, covering separation, children, tax, insurance, SMSFs and disputes.
Read our superannuation and wills guide for South Australians and the related video on whether your will controls your super.
Seeking safe, confidential assistance
Financial abuse can involve pressure, control over money or forced financial decisions. You do not need to explain sensitive circumstances in a public comment or social media message. Speak privately with an independent adviser and ask your financial provider about its assistance for people experiencing financial abuse.
Before arranging contact, consider whether someone else can access your device, shared email, online account, mail or financial records. Ask the provider to agree on a safe contact method, time and wording for messages. If saving this page could expose you to risk, discuss another way to receive the information.
Do not sign a nomination, will, guarantee or other financial document because someone is pressuring you. Tell your adviser about the pressure before signing. ASIC Moneysmart’s financial abuse guidance explains common warning signs and pathways to independent support.
Video script: abusive partner and superannuation
The following is the supplied script accompanying this PA Law video.
Can an abusive partner receive your superannuation if you die?
Do not assume that abuse automatically prevents a payment. The outcome can depend on the law, your fund’s rules, who qualifies as a beneficiary and whether you have a valid binding nomination.
On 14 October 2026, the Australian Government announced plans to prevent perpetrators of family and domestic violence receiving their victims’ super death benefits. Draft legislation is expected later this year.
That is an important proposed reform. But an announcement is not the same as a law that has commenced. Do not wait for it before reviewing your own arrangements.
Start by asking your super fund what nomination it currently holds. Is it binding or non-binding? Does it expire? And what circumstances could make it invalid?
Your will does not automatically control your super. Changing your will alone may therefore leave your fund arrangements unchanged.
A valid binding nomination can provide greater certainty, but the people nominated must be eligible, and the nomination must meet the applicable requirements. There is no single form or solution suitable for every fund and every family.
If you are experiencing financial abuse, seek confidential, independent assistance. Ask your financial provider about safe ways to communicate, particularly if someone else can access your phone, email or financial records.
Do not sign a nomination, will, guarantee or other financial document because someone is pressuring you. Tell your adviser privately about the pressure and any safety concerns.
At PA Law, we can help you consider how your will and intended super death-benefit arrangements fit together, and identify where specialist advice is needed.
This is general information only. The proposed reform and your particular fund requirements should be checked before you act.
Frequently asked questions
Can an abusive partner receive my super when I die?
Potentially, yes. Abuse does not automatically prevent payment. The outcome depends on the applicable law, the fund’s rules, eligibility as a beneficiary and any valid binding nomination. Obtain advice about your particular circumstances.
Has the Government’s proposed ban already become law?
The 14 October 2026 announcement describes planned reform, with draft legislation expected later in 2026. The announcement itself does not establish that a new exclusion has commenced. Check the current legislative position before relying on it.
Does changing my will change my super beneficiary?
Not automatically. Your super fund holds its own nomination records. Changing your will alone may leave those records unchanged. Ask your fund what nomination it holds and consider your will and super arrangements together.
What is the difference between binding and non-binding nominations?
A valid binding nomination directs payment to eligible nominated recipients under the applicable requirements. A non-binding nomination records your wishes but leaves the fund trustee discretion. Check which options your fund offers.
Who can I nominate to receive my super?
Eligible recipients may include your spouse or partner, children, a person financially dependent on you, a person in an interdependency relationship with you, or your legal personal representative. Eligibility and payment requirements must be checked for your fund and circumstances.
Do all binding death benefit nominations expire?
No. Some are lapsing and others are non-lapsing. Ask your fund which type you hold, whether it remains valid, when it must be renewed and which events could invalidate it.
Does separating from an abusive partner automatically fix my nomination?
Do not assume it does. Separation may affect eligibility or the operation of your fund’s rules, but it is not a substitute for checking the actual nomination. Obtain advice about your circumstances and any documents that need review.
What if someone is pressuring me to sign a nomination?
Seek confidential, independent assistance and tell your adviser privately about the pressure and any safety concerns. Ask your fund or adviser to agree on safe contact methods, especially if another person can access your phone, email or financial records.
What to prepare for an appointment
If it is safe and available, bring your fund names, current nomination details, any expiry dates and a copy of your will. Explain who you intend to benefit, relevant changes in your relationships, and any concerns about pressure or access to your communications.
You do not need to have every document before asking for help. Let your adviser know what you can obtain safely. Confirm the scope of assistance, likely costs and whether specialist superannuation, financial or tax advice is needed.
Official sources and related guides
Sources checked on 19 October 2026. Superannuation rules concern Australia; individual fund requirements and any later legislative changes should be checked before you act.
- Australian Treasury Ministers: financial abuse reform announcement, 14 October 2026
- ASIC Moneysmart: who gets your super if you die?
- ASIC Moneysmart: financial abuse
- Does your will control your superannuation?
- Browse all PA Law legal video guides
General information only, not individual legal or financial advice. This video and guide do not assess your fund, nomination or personal circumstances. Obtain tailored advice before relying on this information.