30 September 2016
Where do I find a consent order that 'splits' / pays the entire super proceeds to one party.
Is this a 'splittable' payment? Is this defined somewhere?
What is the 'base amount' given that interest continues to accrue?
Thank you for the question.
In the precedents there is a super splitting order for a percentage amount under s 90MT(1)(b) Family Law Act (as opposed to a base amount under 90MT(1)(a) which is specified in a dollar amount).
For this matter, the specified percentage amount is 100% of the member spouse's interest in the fund. The value will be calculated on the operative date as specified in the orders. After that day, the member spouse (if they are still working) will continue to accumulate super but that won’t form part of the 100%.
Regards
Mentor
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