Getting divorced? This is how much of your KiwiSaver your partner could get

Monday, 15 June 2026

Retirement questions Answered: from time to time, we will pick a question sent in by a reader and offer a response from personal finance writer Gill South. You can submit questions below.

Women are generally not as well off as our male counterparts. This is no secret. We’ve tended to have gaps in our work lives if we have children, or we might be caring for older parents.

We tend to have a lot of stuff going on, while our male partners have tended to keep their heads down working more consistently. Which, to be fair, some of them have not enjoyed.

The latest stats from Te Ara Ahunga Ora Retirement Commission are that men have significantly higher average KiwiSaver balances (24% higher) than women thanks to their superior earnings and less interrupted work patterns. The gap apparently widens through the working years peaking in the late 50s to mid-60s. Marvellous.

A reader, Vanessa*, painfully aware of this disparity between her KiwiSaver and that of her husband, Adam’s* sent us a heartfelt question which may resonate with some of you.

'My husband has a far higher KiwiSaver than me. I'm worried that if we get divorced one day, I'll be left struggling in my old age. I believe that KiwiSaver is family property, but I also understand that most divorces are settled out of court, often without lawyers. So how vulnerable does this leave me? Is there a way we can balance our KiwiSaver, so that we have a fairer share between the two of us? I understand Australia does things a bit differently than here. I would really just like some guidance on what to do, so I'm not left poor and alone if he one day finds someone younger and more attractive.'

I’m really hoping that Vanessa’s query is a hypothetical question, that Adam isn’t making her feel small, expendable and financially vulnerable in their marriage. Because if so, I would want a word or two with him.

I went to a divorce lawyer and a KiwiSaver provider to help answer Vanessa’s question, and we generally have good news for her.

According to Elise McCabe, principal of McCabe Family Law, the Property (Relationships) Act 1976, which governs the division of relationship property at the end of a marriage, civil union or de facto relationship of three years or more, provides that each spouse or partner shares equally in the family home, the family chattels, and any other relationship property, says Elise, with some exceptions.

The Act also provides that any proportion of any superannuation scheme entitlements, attributable to the marriage, civil union etc, is relationship property, she says. So Vanessa, you would be entitled to a half share of Adam’s KiwiSaver balance if they separated, as he would be to hers. Together, they would have a half share of all relationship property, including debt.

McCabe confirms most spouses and partners in New Zealand who separate, resolve how the relationship property is divided by having a written agreement rather than going to court.

But Vanessa and Adam would both still have to take independent legal advice for the agreement to be binding, and this helps ensure that a fair agreement has been reached, says McCabe.

And when halving the assets, a practical approach tends to play out, she explains. For example, if one party has a higher value KiwiSaver fund at separation then the adjustment tends to be made from other sources of funds. So Vanessa would get more of the proceeds from the sale of the family home, for instance. Which seems to make sense. Not very extractable, KiwiSaver funds.

Where there are no liquid assets available to make the adjustment then it’s possible to make an application to the Family Court for a payment out of the higher-value KiwiSaver fund to the other party, McCabe adds.

Rupert Carlyon, founder of specialist KiwiSaver provider Kōura Wealth, says that to access Adam’s KiwiSaver directly, Vanessa would need a court order. And some New Zealanders don’t use lawyers for their divorce settlements so KiwiSaver can get forgotten about or settled using other assets, leaving one partner with the higher balance, he says.

Because KiwiSaver follows the tax code which treats everyone as a single individual entity, couples are left with two options, he explains.

If you want to have an equal KiwiSaver balance to your partner, you have to increase your contributions above the minimum, and actually, one possiblity is Adam could make voluntary contributions to Vanessa’s KiwiSaver. Would he do this, Vanessa?

Or, as discussed, if they separate and want to “normalise” the KiwiSaver balances, Vanessa would need to get a lawyer and a court order to access Adam’s KiwiSaver.

Carlyon tells me this differs from the Australian approach, where the system lets you stream up to 50% of your Superannuation contributions to your partner.

Isn’t that beautiful? I can see young couples doing that when one partner is home in the early years with the kids and not earning a salary. I didn’t know Australians were so enlightened. (Ha, love you guys really).

Rupert says this means that two Superannuation accounts can grow in parallel and it avoids that future difficult conversation and lawyers’ fees if the couple separate.

Kōura pushed for a similar change back in 2022 but the Government had other priorities at the time, he says. Shame.

I hope this helps, Vanessa, and if Adam gives you any more trouble, let me know.

Gill South is a freelance business writer who has authored a book on personal finance and written for many major publications in New Zealand.

*Disclaimer: The information in this article is of a general nature and is not intended to be personalised financial advice. The name of the individual in this story has been changed to protect their privacy.