Frequently Asked Questions

When a relationship or marriage ends, your KiwiSaver savings are usually treated as relationship property under the Property (Relationships) Act 1976.

How KiwiSaver is divided

• Contributions made during the relationship are generally considered shared property.

• Contributions made before the relationship began or after it ended usually remain individual property.

• The portion of both partners’ KiwiSaver balances built up during the relationship is added together and divided equally (50/50).

• To achieve this split, one partner may need to make a payment to the other.

How the split happens

• The division is made through a court order, and you’ll need a lawyer to help with the process.

• Depending on your respective balances, your KiwiSaver savings could increase or decrease after the settlement.

Exceptions and agreements

• If you have a pre-nuptial or contracting-out agreement, the 50/50 rule may not apply.

• Some couples may agree to settle the difference in KiwiSaver balances through other assets instead of directly dividing the funds.

Note: This is general information only and not legal advice. If you’re separating, seek advice from a qualified lawyer to understand your specific situation.

I have a Court Order

If you have a Court order see: How to apply for a Court order withdrawal