Divorced but now realise I didn’t claim half my ex wife’s pension
I was divorced 3years ago and was married ANC, my daughter was 21 at the time. I was medically boarded in 2001 with a back problem and was paid a pension lump sum and thereafter paid two surplus apportionment payments of considerable amounts which was used to pay off the bond and buy cars etc. I then became a partner in a hotel business which I had to do to get my daughter through varsity. I paid for everything! During divorce negotiations my ex wanted R13000 a month to maintain her lifestyle!! The lifestyle I had already paid for, the lawyer was a friend of ours and took her side by suggesting that I offer a settlement of R200000 plus half the property and household! At the time it was never suggested to me that I was entitled to half her pension as she was entitled to mine. My problem is the fact that I had to discontinue with my business as I have had numerous heart attacks and can’t do anything stressful etc. My daughter has since finished varsity and I had also bought her a car whilst we were married. I feel that my pension was spent on our marriage and am entitled to half of hers as that was never suggested to me at the time and the divorce was done before I realised that I could’ve claimed half her pension. Iam now living off a small pension on my own. Is there any recourse for me?
Hello. Unfortunately if there was a settlement agreement which was made an order of court order, then it seems you will have no recourse. Besides I presume you have already fulfilled the terms of the settlement agreement. You may discuss the issue with the lawyer who handled the divorce about your half pension claim. But as matters stand , and without seeing the content of the settlement agreement, the only issue is whether it was properly executed. If you think not, get another lawyer to assist. Wishing you well.