Family Law (Superannuation) Regulations 2025
95Amount to be paid to non‑member spouse—first splittable payment after operative time greater than or equal to the amount of earlier payments plus base amount
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95 Amount to be paid to non‑member spouse—first splittable payment after operative time greater than or equal to the amount of earlier payments plus base amount
(1) This section applies for the superannuation interest if: (a) the first splittable payment that becomes payable in respect of the interest after the operative time for the payment split is not a payment in respect of an allocated pension or a market linked pension; and (b) the amount of that payment is greater than or equal to the sum of: (i) the amount payable under subsection 81(3), 82(6), 84(4), 85(2), 91(3) or 92(6) or this section to each other person under a payment split with an earlier operative time for the interest; and (ii) the base amount allocated to the non‑member spouse for the interest. (2) The amount that the non‑member spouse is entitled to be paid in respect of the first splittable payment is that base amount. (3) The non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.