## Commonwealth Consolidated Acts

[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]

###
FAMILY LAW ACT 1975 - SECT 90MX

**Multiple payment splits applying to the same splittable payment**
(1) This section applies if 2 or more payment splits apply to the same
splittable payment.

(2) The payments splits are to be calculated in order of their
operative times, starting with the earliest time.

(3) For the purpose of calculating each of those payment splits (other
than the one with the earliest operative time), the amount of the
splittable payment is taken to be reduced by the amount to which a person
other than the member spouse is entitled under the payment split with the next
earlier operative time.

Example 1: W has a superannuation interest that is subject to 3 payment splits
in respect of W's marriages to X, Y and Z (in that order). The operative times
of the payment splits are in the same order as the marriages. Assume each
payment split provides for a 50% share to the non-member spouse. W becomes
entitled to a splittable payment of $100. The final payment entitlements are
as follows: X gets $50. Y gets $25. Z gets $12.50. W gets the remaining
$12.50.

Example 2: W has a superannuation interest that is subject to 3 payment splits
in respect of W's de facto relationship with X, W's marriage to
Y and W's de facto relationship with Z (in that order). The
operative times of the payment splits are in the same order as the
relationships. Assume each payment split provides for a 50% share to the
non-member spouse. W becomes entitled to a splittable payment of $100. The
final payment entitlements are as follows: X gets $50. Y gets $25. Z gets
$12.50. W gets the remaining $12.50.

**AustLII:** Copyright Policy
**|** Disclaimers
**|** Privacy Policy
**|** Feedback