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Can I put $360,000 into super before my divorce settlement?

A reader getting $1.9 million from her ex-husband’s super fund wants advice on maximising her savings and the $15,000 she already has in her fund.

John Wasiliev
John WasilievColumnist

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Q: I have $15,000 in super and have not contributed for 20 years. I am 69 and soon to be divorced. My ex is going to give me $1.9 million of his super in the consent order settlement (not yet lodged). He is 75 and has retired with a pension account of $1.9 million and some other in accumulation account. I have $360,000 in a bank account I was going to put into my super as a three-year bring-forward concessional contribution. I understand I will not be able to do this once I have $1.9 million. Is there any tax or illegality in my doing that now before I get the $1.9 million? I realise I will need to have this extra money in an accumulation account, but if I wait until after the transfer, I think I will not be able to do it. Amelia

A: As to whether you can contribute savings from your bank account into your super with no tax issues before you receive your divorce settlement; yes you can. The entire $360,000 of bank savings could be contributed as a non-concessional entitlement under the three-year bring-forward rules, says independent super specialist Graeme Colley.

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John Wasiliev is a veteran SMSF specialist and has provided answers to readers' questions on superannuation for decades. Have a super question you'd like answered? Email John at superquestions@afr.com

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    Original URL: https://www.afr.com/wealth/personal-finance/can-i-put-360-000-into-super-before-my-divorce-settlement-20240716-p5ju32