When it comes to financial planning, every couple is different. Marriage equality became law in Australia in December 2017, but equal legal status doesn’t automatically translate into equal financial planning. For many LGBTQ+ couples, the paperwork hasn’t caught up with the relationship. That gap can cause real problems down the track.
Unique considerations and opportunities
Many LGBTQ+ couples have spent years building lives together before formal recognition existed for relationships like theirs. This can mean:
- Longer de facto relationships without matching legal documentation.
- Blended or chosen family structures that don’t fit neatly into default legal categories.
- A stronger than average need to be explicit in writing, because default legal assumptions don’t always reflect the relationship.
The upside is that many LGBTQ+ couples already have deliberate conversations about their future rather than relying on convention. That habit can put them ahead when it comes to proactive planning.
Estate planning for non-traditional families
Superannuation does not automatically form part of your estate. A fund holds it in trust and pays it according to the fund’s rules and any nomination in place. A valid death benefit nomination is essential rather than optional.
Same-sex and de facto partners are recognised as dependants under superannuation law, on equal footing with married couples. That recognition only applies, though, if the paperwork reflects it. Key documents to review:
- Binding death benefit nominations, which typically lapse every three years unless the fund offers a non-lapsing option.
- Non-binding death benefit nominations that do not lapse but are not binding on the fund’s trustee.
- Wills that name a partner explicitly, particularly important where families of origin may not recognise the relationship.
- Powers of attorney and guardianship documents, so your partner has authority to make decisions if you can’t.
Relationship recognition and benefits
The Family Law Act treats de facto couples, including same-sex couples, equally to married couples for property division. Centrelink and tax law follow the same approach for benefits and thresholds.
The key is being able to evidence the relationship where required. This matters for age pension assessments, tax offsets, super splitting, and super death benefit payout.
Where an adviser adds value
A good adviser reviews every document as a set, not in isolation. They check that the will, super nomination, and powers of attorney all say the same thing.
We also help couples navigate conversations with family of origin, structure joint versus separate assets sensibly, and make sure chosen family members are properly protected in the plan.