Private Pension Claims Once you receive your divorce order you should claim your share. It is important to make an endorcement against the fund as soon as possible this will ensure that your share will not be paid to your ex-spouse in the event of death, disability, resignation, retrenchement or the liquidation of the fund. [...]
Divorce is often a bitter and costly exercise, and the last thing one wants is to go through the legal process only to be left with an unenforceable divorce order in so far as it relates to a share in pension interest. Recent Adjudicator decisions have once again highlighted the importance of ensuring that divorce [...]
Correct wording in your divorce order will result in a valid claim against your ex-spouse's retirement funds: You can claim against your spouse’s retirement funds as long as you name them correctly, There a few retirement vehicles that you can claim against: Pension Fund Provident Fund Preservation Pension Fund Preservation Provident Fund Retirement Annuity Fund [...]
When doing your accrual calculation, spouses married ANC with accrual or married in community of property will have to divide their estate in equal shares. However the divorce act does not stipulate is which assets have to be divided as long as each spouse gets their 50% share. You can therefore try to preserve as [...]
