NSW Parents Separated but Not Divorced - Superannuation Entitlements?

[jasper]

Hi there.

I would like to ask please in a case where the couple is separated but not divorced. My mom is after my dad's superannuation for his retirement. Can my mom take a part of it? Though technically my dad has 'given it away' to my brother to avoid a dispute with my mom. Can she still go after it?

Thanks so much.

 

[Rod]

Most likely yes. Giving away assets away after separation in an attempt to reduce the property pool has been done many times before and the court can make it up in other ways.