‍The Ex-Files: Is your KiwiSaver relationship property?

Question: My partner and I have been together for five years. While I have put 8% of my salary into KiwiSaver, my partner has also been in a high-income job but has not been contributing to KiwiSaver. I have been contributing to KiwiSaver for 15 years. My partner has been spending money on holidays overseas and an expensive car. That car has reduced its value significantly. My partner is 45, and I am 60.

Is the KiwiSaver/superannuation fund relationship property? Can I withdraw money from my KiwiSaver to pay my partner out a share of her relationship property claim?

Answer: Yes, your relationship property is the property owned by you and/or your partner that needs to be divided (generally 50/50) when you separate. What constitutes relationship property is legally determined by the Property (Relationships) Act 1976.

For many couples, KiwiSaver is their biggest asset after their family home. The proportion of any superannuation scheme entitlement that occurs during the relationship is relationship property. This includes KiwiSaver funds. Any proportion of your KiwiSaver or superannuation fund acquired before your relationship will remain your separate property. To learn about whether you can withdraw money from KiwiSaver or superannuation along with implications and processes, read the full NZ Herald Ex-Files article here.