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This is a question I get asked a lot and the answer is a surprise to some.  Under New Zealand relationship property law, all KiwiSaver funds (and any other superannuation funds) acquired during your relationship is considered relationship property.  Should your relationship end, your partner is entitled to 50% of those funds, regardless of whether the funds came from your contributions, the government, or your employer’s contributions.  The KiwiSaver funds that accumulated prior to your relationship began and after your relationship ended, will be treated as your separate property.

Getting the money out is the tricky part.  If you have more KiwiSaver funds than your partner and you separate, you will have to compensate your partner by receiving a reduced share of the other relationship property assets (e.g. receive less of the net sale proceeds of your family home). 

If that is not possible, you can apply for an order at court to have a share of your KiwiSaver funds paid to your partner.  Sometimes that order requires the payment go directly into your partner’s KiwiSaver fund.  Kiwisaver providers can’t release the funds without a court order.  The court won’t make an order if there is another option, such as your partner taking a greater share of your relationship property.  The process of obtaining a court order costs between $2000-$3000 if you and your partner agree.  If you don’t agree and further negotiation or a court ruling is required, the cost will be more.

If you are worried about your KiwiSaver or other superannuation funds should your relationship end, you may wish to consider getting a Contracting Out Agreement (Pre-Nup).