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When relationships end, untangling your finances can feel overwhelming. If you're like most New Zealanders, your KiwiSaver account likely represents one of your largest assets – but what happens to those retirement savings when you separate? Understanding how KiwiSaver is treated in relationship property settlements is crucial for protecting your financial future. What is relationship property? In New Zealand law, relationship property refers to all the assets and debts that are shared between partners in a marriage, civil union, or de facto relationship, which may be divided if the relationship ends—either through separation or death. The laws around relationship property are governed by the Property (Relationships) Act 1976. The main principle is that when a qualifying relationship ends, all relationship property should be divided equally, unless there are exceptional circumstances. What seems like a simple 50/50 split can involve complex calculations, tax considerations, and strategic decisions that affect your long-term financial security. However, navigating KiwiSaver in relationship property settlements requires a relationship property lawyer who has expertise in both relationship law and financial planning. Is KiwiSaver relationship property? Under New Zealand's Property (Relationships) Act 1976, KiwiSaver funds are generally considered relationship property if they were accumulated during your relationship. This means they're subject to equal sharing between partners, regardless of who earned the money or whose name is on the account. However, there are important exceptions. Any KiwiSaver contributions made before your relationship began remain your separate property. The challenge lies in determining exactly how much was contributed before and during the relationship – particularly if you've been together for many years. 

Incorporated societies must re-register by April 2026 under new legal changes. Find out what steps to take and how to stay compliant.

Learn the top 10 property questions answered by our Christchurch law experts. Get legal tips to navigate buying and selling property with ease.

If you need legal services because you have an existing agreement and wish to break the commercial lease, contact Weston Ward Lascelles Solicitors today!