Your KiwiSaver is relationship property under the Property (Relationships) Act 1976. If you have been in a qualifying relationship, whether married, in a civil union, or de facto for three or more years, the KiwiSaver contributions made during the relationship are subject to equal sharing, regardless of whose name is on the account or who earned more. The balance before your relationship began stays yours.
Last updated: March 2026
Yes. Section 8(1)(e) of the Property (Relationships) Act 1976 classifies superannuation scheme entitlements, including KiwiSaver, as relationship property to the extent they were acquired during the relationship.
This means the portion of your KiwiSaver fund built up while you were together is treated the same way as the family home, the car, and the money in your joint bank account. The default rule is a 50/50 split.
This applies equally to married couples, civil union partners, and de facto partners who have lived together for three or more years. It does not matter who made the contributions, who earned a higher salary, or whose employer paid more into their account.
Not necessarily your entire KiwiSaver balance. The relationship property portion is calculated based on what was accumulated during the relationship. Three components feed into your KiwiSaver balance, and all count if they were contributed during the relationship:
Any KiwiSaver balance that existed before the relationship began is classified as separate property under section 9 of the Act. This means it remains yours alone, provided you can prove what the balance was at the start of the relationship.
The valuation date for KiwiSaver is typically the date of separation. Your KiwiSaver provider can supply a balance statement as at any specific date, so you should request your balance as at the date you and your partner separated.
However, the court retains discretion on the valuation date. Under section 2G of the Act, if significant time has passed between separation and the formal division of property, the court may use a later date, such as the date of the hearing or the date of the agreement. This matters because KiwiSaver balances fluctuate with investment returns.
Practical tip: Request a KiwiSaver balance statement from your provider as soon as you separate. This creates a clear record and avoids disputes about the starting figure later. Ask your partner to do the same.
KiwiSaver cannot simply be withdrawn as cash to split between you. The funds remain locked until you reach 65 (or qualify for a first-home withdrawal, significant financial hardship, serious illness, or permanent emigration). So how does the split actually work?
There are three main methods:
Under the KiwiSaver Act 2006, a scheme provider can transfer funds from one partner's account directly into the other partner's KiwiSaver account. Both partners must have an active KiwiSaver account for this to work. The transfer is done pursuant to either a court order or a valid contracting out agreement (commonly called a section 21 agreement under the Property (Relationships) Act 1976).
This is the more common approach. Instead of physically splitting the KiwiSaver, the partner with the larger KiwiSaver keeps their account intact, and the other partner receives a greater share of other relationship property to compensate. For example, if one partner has $80,000 more in their KiwiSaver, the other partner might receive an extra $40,000 from the family home equity or savings to balance it out.
The offset method avoids the administrative complexity of transferring funds between providers and is often simpler where there are sufficient other assets to achieve an equitable result.
Where the parties reach an agreement or a deed of settlement that documents how KiwiSaver will be divided, the Family Court has the power to make orders giving effect to that agreement. This includes ordering the KiwiSaver provider to release or transfer funds in accordance with the terms of the settlement. The court can also make orders of its own where the parties cannot agree, directing the provider to transfer a specified amount from one account to another. This is an important mechanism because KiwiSaver providers will not act on a private agreement alone, they require a court order before they will release or transfer funds.
| Direct Transfer | Offset | Court Order for Release | |
|---|---|---|---|
| How it works | Funds transferred between KiwiSaver accounts | One partner keeps KiwiSaver, other gets more of other assets | Court orders provider to release or transfer funds per agreement |
| Requirement | Both partners need active KiwiSaver accounts | Sufficient other assets to balance the division | Court order or sealed consent order from the Family Court |
| Cash withdrawal? | No, funds stay in KiwiSaver | No, offset uses other assets | Court can order release to a KiwiSaver account or, in limited cases, direct payment |
| Common usage | Less common, used where few other assets exist | Most common method in practice | Used when provider needs a formal order to act |
If your partner doesn't have a KiwiSaver account and a direct transfer is the preferred method, they would need to join a KiwiSaver scheme first. Any New Zealand citizen or permanent resident under 65 can join KiwiSaver. However, in most cases where one partner lacks a KiwiSaver account, the offset method is simpler and avoids this issue entirely.
Yes. A contracting out agreement (often called a prenup, though it can be entered into at any time during a relationship) allows you and your partner to agree on how KiwiSaver will be treated if you separate. Under section 21 of the Property (Relationships) Act 1976, you can agree that:
For a contracting out agreement to be valid, both partners must receive independent legal advice, and both lawyers must certify that they explained the effects and implications of the agreement. Without this, the agreement is unenforceable.
"KiwiSaver is one of the most commonly overlooked assets in a separation. People focus on the house, the car, and the savings account, but forget they might have $50,000 or $100,000 sitting in a fund they can't touch until 65. It's still relationship property, and it still counts. The earlier you get clear on the numbers, the better your negotiating position."
KiwiSaver accounts held in your children's names are generally not relationship property. They belong to the child, not to either parent. However, if significant voluntary contributions were made from relationship funds, the contributions themselves (as a transfer of relationship property to a third party) could become relevant in negotiations. This is an area where specific legal advice is important.
Not necessarily half of your total balance. Your ex-partner is entitled to half of the relationship property portion, that is, the contributions and investment returns accumulated during the relationship. Any balance you had before the relationship began is your separate property and is not subject to division.
It does not matter who contributed more. Under the Property (Relationships) Act 1976, relationship property is divided equally regardless of each partner's individual contributions. If you earned more and therefore contributed more, the total relationship property portion of both accounts is still pooled and split 50/50.
No. KiwiSaver cannot be withdrawn early for the purpose of settling relationship property. The funds remain locked in the scheme until you turn 65, buy your first home, experience significant financial hardship, suffer serious illness, or permanently emigrate. Division must happen through a fund-to-fund transfer, an offset against other assets, or a Family Court order directing the provider to transfer or release funds.
Yes. The Property (Relationships) Act 1976 applies to de facto couples who have lived together in a relationship for three or more years. KiwiSaver contributions made during a qualifying de facto relationship are relationship property, subject to the same 50/50 division rules as married couples and civil union partners.
In practice, yes. KiwiSaver providers will not transfer or release funds based on a private agreement between you and your ex-partner alone. You will need either a Family Court order or a sealed consent order to direct the provider to act. Your lawyer can apply to the Family Court to have your agreement formalised into an order that the provider will recognise.
Whether you're separating, need advice on how KiwiSaver is divided, or want to protect your balance with a contracting out agreement, Sarah can help. Book a free 30-minute consultation, no obligation.
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