advertisement
Question
Posted by: minki | 2010/08/07

Pension

if married with accrual system both comin into marriage with nil. On divorce when claiming for 50 % partners pension does this mean you will only get the pension for the period of the marriage or will you get 50 % of his total pension from first date of contribution or only from wedding date?

Txs

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

At the dissolution of a marriage out of community of property with the accrual system through a divorce, a redistribution of assets will be done according to a prescribed formula, which means that the spouse whose accrual during the marriage was smaller is entitled to half of the difference of the accruals between the spouse's estates. The accrual is calculated by deducting the beginning value of the estate from the end value of the estate. A spouse's pension benefits will therefore in this be taken into account when the accrual is calculated. Remember that the pension benefit is simply taken into account for calculating the accrual and you will not be entitled like in a marriage in community of property to claim 50% of the pension fund. The total pension fund benefit is taken into account from the day that your spouse contributed until the day of the divorce.

For further information contact:
Bertus Preller
Family Law Attorney
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

1
Our users say:
Posted by: family law expert | 2010/08/08

At the dissolution of a marriage out of community of property with the accrual system through a divorce, a redistribution of assets will be done according to a prescribed formula, which means that the spouse whose accrual during the marriage was smaller is entitled to half of the difference of the accruals between the spouse's estates. The accrual is calculated by deducting the beginning value of the estate from the end value of the estate. A spouse's pension benefits will therefore in this be taken into account when the accrual is calculated. Remember that the pension benefit is simply taken into account for calculating the accrual and you will not be entitled like in a marriage in community of property to claim 50% of the pension fund. The total pension fund benefit is taken into account from the day that your spouse contributed until the day of the divorce.

For further information contact:
Bertus Preller
Family Law Attorney
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement