Relationship property split? Here's what you need to know

26/06/2012

We've prepared a fact sheet explaining what you need to do if you're intending to withdraw money from your savings as part of a relationship property settlement. Please give this fact sheet to your solicitor before they draft an agreement. The PSS trust deed sets out strict rules around this type of benefit. The fact sheet will help your solicitor draft an agreement that complies with the rules specific to the PSS. Getting the wording right will help make sure everything goes smoothly – and save you time, hassle and money.

To comply with the trust deed, the wording of the agreement or court order needs to be quite specific. It must:

  • State that you are required to make a relationship property settlement to your former partner, and
  • Specify the amount you are required to pay to your former partner, and
  • State that the amount to be paid is to be sourced from your PSS benefit.

There are also caps on the amount that can be paid. They are:

  • Under a court order, 100% of your resignation benefit
  • Under an agreement, 50% of your resignation benefit.

These maximum amounts are set out in the trust deed and we have no discretion as trustees to vary them.

One other thing that's worth noting here. You can only access your savings to pay the other party as part of the relationship property settlement. In other words, you can't make a withdrawal for your own benefit. If you need additional funds – for example, to pay legal bills – you would need to apply separately for a partial withdrawal or a significant financial hardship benefit.

 

This information has been prepared by PSS for general information only. The information does not take into account your personal objectives, financial situation or needs. Therefore, you should not act on this information if you have not considered the appropriateness of this information to your personal objectives, financial situation and needs. You should consult a financial adviser before making any investment decision.

 

This website is provided by Mercer (N.Z) Limited on behalf of the trustee of the Police Superannuation Scheme (PSS). The trustee pays a fee for the provision of this service, however this fee is not conditional on you using this service or acting on the information or advice provided through this service.

PSS Trustees Limited is the issuer of the Police Superannuation Scheme (PSS). A copy of the PSS product disclosure statement is available under Documents and forms and at companiesoffice.govt.nz/disclose.