Section 90YGFamily Law Act 1975 (Cth)

Splittable payments

(1) Each of the following payments in respect of a superannuation interest of a party to a de facto relationship is a splittable payment:

(a) a payment to the party;

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

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

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

(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 party to the de facto relationship, then the payment is nevertheless a splittable payment, to the extent to which it is paid for the benefit of the party.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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