Posted by: Magz | 2009/08/24

Provident Fund Claim

I have been divorced for 1 year - was amicable. I did not ask for any proceeds from Provident Fund, as I did not want things to get ugly! I have 2 sons and was trying to keep the relationship decent for their sakes. However, the ex quit his job, got a huge payout from his Provident Fund. He is not paying maintenance on time, school fees are behind, I have had to take medical aid out for the kids. All the things he should be doing. Would i be able to go back to my attorney and claim some of the Providen Fund? Would I be able to forego the maintenance in lieu of a Provident Fund payout? Need your expert advise please!

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Our users say:
Posted by: Lucky Moabi | 2009/10/13

Me and my wife got seperated in 2007 May and 2008 iJanuary my profident funds was paid into my account and we were still married but contemplating the divorce and yet seperated. So now that we are proceeding with divorce, do i owe her from the already spend money?

Reply to Lucky Moabi
Posted by: Anon | 2009/09/07

I was under the impression that the new act that came out made provision for payouts of pension or provident funds to spouses immediately. Obviously depends on how you are married as well, ie ANC or COP. In COP it automatically goes 50/50.

Reply to Anon
Posted by: Marie | 2009/09/05

I would suggest that you contact your local maintenance court.
You may lay a claim that he is not honouring the divorce agreement. You may apply for a attachment against his salary or attachments. If he is not working, you may sue his parents, brothers and sisters.
Take the following with:
- Your ID document
- Copy of divorce agreement
- Childrens birth certificates


Reply to Marie
Posted by: G-Dad | 2009/08/27

Nope you can not claim the pension or provident later, if the divorce has been granted you can not alter the agreement.

You can claim all money he owe you nothing in advance.

Reply to G-Dad

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