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Family Law (Superannuation) Regulations 2025
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Turn the raw legal text into a practical explanation grounded in Family Law (Superannuation) Regulations 2025.
(1) If the whole of a superannuation interest is an accumulation interest in a regulated superannuation fund (other than a self managed superannuation fund), an approved deposit fund or an RSA, the applicable adjustment periods for the interest are: (a) if a splittable payment becomes payable, or a terminating action occurs, for the interest before the end of the first allotment period—the period: (i) beginning at the operative time; and (ii) ending at the end of the period for which the plan would allot net earnings to the member spouse if the member spouse voluntarily ceased to be a member of the plan on the day when the splittable payment becomes payable or the terminating action occurs; and (b) otherwise—the periods set out in subsection (2).
Note: If paragraph (a) applies, that period is the first (and only) applicable adjustment period for the interest.
(2) For the purposes of paragraph (1)(b), the periods are as follows: (a) the period beginning at the operative time and ending at the end of the first allotment period for the interest; (b) after the first allotment period, each whole allotment period (if any) for the interest ending before a splittable payment becomes payable, or a terminating action occurs, for the interest; (c) in the allotment period in which a splittable payment becomes payable, or a terminating action occurs, for the interest—the period: (i) beginning at the beginning of that allotment period; and (ii) ending at the end of the period for which the plan would allot net earnings to the member spouse if the member spouse voluntarily ceased to be a member of the plan on the day when the splittable payment becomes payable or the terminating action occurs. (3) In this section:
allotment period, for a superannuation interest, means the period used by the plan in which the interest is held to allot net earnings of the plan to the member who has the interest.
first allotment period, for a superannuation interest, means the allotment period in which the operative time in relation to the relevant payment split occurs.
terminating action, for a superannuation interest, means any of the following actions, in respect of the non‑member spouse’s entitlement under a superannuation agreement, flag lifting agreement or splitting order, by the trustee of the plan in which the interest is held:
(a) the creation, under the payment split provisions of the SIS Regulations, of a new interest in the plan for the non‑member spouse;
(b) the opening of a new RSA for the non‑member spouse under the payment split provisions of the RSA Regulations;
(c) the transfer or rollover, under the payment split provisions of the SIS Regulations or the RSA Regulations, to another superannuation fund or an RSA of an amount to be held for the benefit of the non‑member spouse;
(d) if the non‑member spouse has satisfied a relevant condition of release—the payment, under the payment split provisions of the SIS Regulations or the RSA Regulations, of an amount to the non‑member spouse.
Note: For the meaning of relevant condition of release, see section 19.