Family Law (Superannuation) Regulations 2025
41Entitlement of non‑member spouse under the agreement—splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
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41 Entitlement of non‑member spouse under the agreement—splittable payment payable in respect of superannuation interest (other than an interest in a superannuation annuity)
If the superannuation interest is not an interest in a superannuation annuity, the amount that the non‑member spouse is entitled to be paid in respect of the splittable payment is: Start formula open bracket start fraction Accrued benefit multiple at separation over Accrued benefit multiple at payment end fraction times Agreement percentage close bracket times Splittable payment end formula where:
accrued benefit multiple at separation means the member spouse’s accrued benefit multiple, as defined in the governing rules of the eligible superannuation plan in which the superannuation interest is held, at the date when the member spouse and non‑member spouse separated or, if there have been 2 or more separations, at the date of the most recent separation.
accrued benefit multiple at payment means the member spouse’s accrued benefit multiple, as defined in the governing rules of the eligible superannuation plan in which the superannuation interest is held, at the date when the splittable payment becomes payable in respect of the superannuation interest.
agreement percentage means the percentage specified in the agreement.
splittable payment means the amount of the splittable payment.