Family Law (Superannuation) Regulations 2025
80Amount to be paid to non‑member spouse—first splittable payment payable only as lump sum that is greater than or equal to the adjusted base amount
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80 Amount to be paid to non‑member spouse—first splittable payment payable only as lump sum that is greater than or equal to the adjusted base amount
(1) This section applies for the superannuation interest if: (a) the first splittable payment that the member spouse or other person is entitled to receive is a lump sum; and (b) the lump sum is not one that the member spouse or other person may be entitled to receive because the member spouse or other person may choose, by way of a commutation of a pension or otherwise, to take the whole, or a part, of the benefits in respect of the interest as a lump sum; and (c) the lump sum is greater than or equal to the adjusted base amount applicable to the non‑member spouse for the interest at the date the splittable payment becomes payable. (2) The amount that the non‑member spouse is entitled to be paid from the lump sum is equal to the adjusted base amount applicable to the non‑member spouse at that date. (3) The non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.