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FAMILY LAW ACT 1975 - SECT 90ME

Splittable payments

             (1)  Each of the following payments in respect of a superannuation interest of a spouse is a splittable payment :

                     (a)  a payment to the spouse;

                     (b)  a payment to another person for the benefit of the spouse;

                     (c)  a payment to the legal personal representative of the spouse, after the death of the spouse;

                     (d)  a payment to a reversionary beneficiary, after the death of the spouse;

                     (e)  a payment to the legal personal representative of a reversionary beneficiary covered by paragraph (d), after the death of the reversionary beneficiary.

             (2)  A payment is not a splittable payment if it is prescribed by the regulations for the purposes of this subsection. The regulations may prescribe a payment either:

                     (a)  generally (that is, for the purposes of all payment splits in respect of a superannuation interest); or

                     (b)  only for the purposes of applying this Part to a particular payment split in respect of a superannuation interest.

             (3)  If a payment is made to another person for the benefit of 2 or more persons who include the spouse, then the payment is nevertheless a splittable payment, to the extent to which it is paid for the benefit of the spouse.



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