Frequently Asked Questions

Both partners’ KiwiSaver funds are considered ‘relationship property.’ This means that if the relationship ends, the balances must be divided equally under the Property (Relationships) Act. 

This principle applies to contributions made for the duration of the relationship (but not before the relationship started, or after it ended.)

The relevant portion of the account balances will be added and divided equally – and one partner will likely have to make a payment to the other to even up the amounts. 

This happens via a court order, and you will need a lawyer to facilitate this. 

Depending on the relative position of both your KiwiSaver balances, it’s possible that your KiwiSaver balance could go up – or down – following the dissolution of a relationship. 

Note that this 50/50 rule may not apply if you have contracted out with a pre-nuptial or similar agreement. 

Also, some separating couples may legally agree to make up the difference in KiwiSaver balances in other ways, such as giving one partner additional value in the division of assets instead.

This information is general information and not intended as legal advice.