Posted by: Anonymous | 2009-06-19


My exwife and I are separated, and are currently in the process of drawing up and agreeing on a divorce settlement document. She has stated in her document that she requires 50% of my pension fund from my current employer. She is also dragging things out terribly, and being " uncontactable"  and unco-operative and its taking forever to get things out of her.
I have resigned from my current job, and I will be working for myself from 01/07/2009.
Does anyone know how the law works in this case? If our divorce settlement hasn' t been reached or agreed upon, or if she is still dragging this out by the time that my pension gets paid out to me - Mid August 2009, (I am opting for a cash payout to fund business euqpiment for my new company), is she still entitled to half?

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Our expert says:
Expert ImageDivorce support expert

Hi Anonymous.

Pls contact me personally for a referral for legal advice.

Warmest regards

Nadia | The South African Divorce Support Association

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.

Our users say:
Posted by: G-Dad | 2009-07-13

She can only claim what is left at the day the divorce is granted, thus if you start a company now and your company has a lot of debt as well then she will also be responsible for half the debt depending how you are married.

Yes she can claim half the pension value on the date of the divorce trial or what is left of it any way, unless she has a order preventing you to use your pension money, she can not stop you.

Reply to G-Dad

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