Family Law (Superannuation) Regulations 2025
46Entitlement of non‑member spouse under a splitting order—interests other than percentage‑only interests and small superannuation accounts interests
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46 Entitlement of non‑member spouse under a splitting order—interests other than percentage‑only interests and small superannuation accounts interests
For the purposes of subparagraph 90XT(1)(a)(i) or 90YY(1)(a)(i) of the Act for a superannuation interest that is not a percentage‑only interest and is not a small superannuation accounts interest, the amount that the non‑member spouse is entitled to be paid under a splitting order whenever a splittable payment becomes payable in respect of the interest is: (a) if the interest is in the growth phase at the date of the splitting order—the amount calculated under Division 2 of Part 7 of this instrument; and (b) if the interest is in the payment phase at the date of the splitting order—the amount calculated under Division 3 of Part 7 of this instrument.