Family Law (Superannuation) Regulations 2025
77Simplified outline of this Division
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77 Simplified outline of this Division
This Division works out the amount the non‑member spouse is entitled to be paid under a payment split for a splittable payment for a superannuation interest of the member spouse if the superannuation interest:
(a) is covered by a superannuation agreement, flag lifting agreement or splitting order; and
(b) is in the growth phase either at the date the agreement is served on the trustee under section 90XI or 90YM of the Act, or at the date of the splitting order (as applicable).
Different approaches apply for working out this amount depending on whether the benefits for the superannuation interest are payable only as a lump sum, involve an optional lump sum or do not involve a lump sum.