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Question

08 Aug 2010

Re pension again
sorry i dnt undstand your response are you saying that whn married in ANC with accrual i cannot or should not bother to claim for 50 % of my husbands pension in a divorce that HE wants?

As that what you saying? i dont quite understand you say its used to calculate the accrual but it cannot be claimed as in a marriage IN COP? so then can i forsee no monies from his pension?
Answer 370 views
Expert
Family law expert
family law expert

01 Jan 0001

Legally you will not be entitled to 50% of his pension. If you were married in community of property you would automatically be entitled to 1/2 of his pension. But nothing stops you from asking 1/2 of the pension in your case and capture it in a settlement agreement.

Email me on bertus@divorceattorney.co.za and I will explain what I think you should do.
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