The bill amends super legislation to give spouses the option to split their collective super balances evenly between them and allows the partner with the higher super balance to roll over an amount from their fund to their spouse’s super fund.

Hume said it was important to understand that this bill is different from super splitting contributions and deals with splitting super balances.

“There is a mechanism that already exists to make contributions on behalf of a spouse, however, its take-up is astonishingly low, with only 1.1 per cent of Australians using it in 2021–22 because the process is clunky, complex, eligibility is very limited, there's a lack of awareness, and critically, there are no real incentives for most people to use it,” she continued.

“Splitting balances – using a rollover from one fund to another – is a genuine structural change that will directly tackle the gender super gap, one of the most systemic structural failures of the super system. And it uses existing mechanisms to do so.”

Hume added that equitable splitting of super is considered in divorce proceedings and has been made simpler without the need for court orders, with standardised forms and recognised tax treatments of a rollover amount from the super account of one partner to another at the end of a relationship.

She said this process should also be allowed during a relationship as part of a proactive, voluntary plan that couples can access.

“This bill doesn’t force anyone to do anything. It simply gives families the option to share what they’ve built together, in recognition of unpaid labour, broken work patterns and professional sacrifices that so often fall to women,” she said.

“[It] explicitly recognises the economic partnership at the heart of most families. It empowers couples to plan for retirement together, allowing a more even distribution of super during the accumulation phase.”

There are “guardrails” attached to the bill to maintain the integrity of the super system, including that the amount transferred from one spouse to another is not considered to be a contribution, rather it's treated as an amount “rolled over”.

“This distinction is important to ensure that the amount transferred between spouses does not attract or avoid any additional taxes,” Hume said.

Additionally, the amount rolled over from one spouse to another retains its original characteristics – specifically, it retains the original fund’s proportion of concessional and non-concessional components.

The senator said this means that when someone dies the money transferred doesn’t have additional tax benefits for beneficiaries.

Furthermore, the ability to roll over an amount from one spouse to another is not available to those transferring from or to a defined benefit scheme, nor is it available to those already in a pension or drawdown phase, with both spouses’ funds required to be in accumulation phase.

Hume said the mechanism can only be used by individuals who have only one super account, an important integrity measure to avoid potential unintended consequences for persons who have multiple funds.

Finally, the amount that can be rolled over from one spouse to another is limited in two ways:

(1) The amount rolled over cannot leave the original fund with a lower balance than the receiving fund.

(2) The amount rolled over cannot cause the receiving fund to have a balance higher than the transfer balance cap.

Referencing the $3 million super tax, Hume said the changes to super that have been proposed by the government are “only about how the government can get their hands on more Australians' super”.

“But those sorts of changes do nothing to support the integrity of the system, it only risks it. If Labor wants to do something for super, they should be looking at making the system fairer.”

“This [bill] is all about choice; allowing couples to manage their collective retirement savings to reflect their collective choices throughout their lives. The benefits of this reform are clear and far-reaching. This bill is about more than just superannuation, it’s about closing the gender super gap.”