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07 Aug 2010

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?

Answer 359 views
Family law expert
family law expert

01 Jan 0001

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.
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