In the past, the Family Court has had considerable difficulties in dividing matrimonial property because of the lack of flexibility in the superannuation preservation rules.

The court previously dealt with the problem by either offsetting accrued superannuation benefits against other assets of the marriage, or by deferring property distribution until superannuation benefits are paid out.

Since the Family Law Legislation Amendment (Superannuation) Act 2001 was introduced, the superannuation interests of parties to a marriage can be split by agreement or court decision. See 'How is superannuation dealt with?'