Under new legislation, AvSuper now recognises same-sex partners and their children for death benefit and family law purposes.
The new definition of spouse includes “another person who, although not legally married to [the member], lives with [the member] on a genuine domestic basis in a relationship as a couple.”

Couples in a de facto relationship, including same-sex couples, will now be recognised for superannuation splitting purposes under Family Law legislation. Same-sex couples will also be recognised for spouse contribution and contribution splitting purposes.

These changes are an important step forward for the families and beneficiaries of same-sex couples, although not all super funds will be easily able to implement the new rules. Fortunately, AvSuper has previously recognised same-sex partners for superannuation death benefit purposes, under the definition of interdependent relationship.

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