Splitting of Pension fund
Hi,
If i am getting a divorce and currently married out of community with accrual, does that mean my spouse and i should split our individual entire pension fund as work out the difference, or is it just the contributions and interest from the time we got married?
Thanks
I would be keen to upgrade if i get a response thanks
Category: Family Law, Divorces
Region: South Africa, Gauteng
1 Answer
Hello.
In terms of the Divorce Act, pension fund savings, including provident fund, and retirement annuity, form part of the parties assets at divorce, and must be considered during division of the joint assets. On accrual, remember that all the assets that each party owns before the marriage can either be excluded or included in the accrual in the ANC. To answer your question, accrual is included in your case and the implication is that your spouse will be entitled to share in the growth of the joint estates at divorce, with pension fund included. Thank you.