Generally speaking, a pension that is earned during the marriage is considered to be joint marital property and is subject to division during divorce, just like any other marital property. Any part of the pension that was earned prior to the marriage can be considered non-martial, separate property.

Is my husband entitled to half my pension?

Pension Sharing orders effectively split the pension at the point of divorce and you will be in charge of any portion of the pension you receive. With Pension Offsetting, you receive other assets, i.e. a greater share of the marital home in place of the pension.

Can my ex wife claim half my pension?

When a couple gets divorced their pensions are usually included in the financial settlement along with property and other assets. Without a ‘consent’ or court order confirming the settlement, both parties can make a claim on their former partner’s pension, regardless of how long they’ve been divorced.

When does a spouse get a spouse pension?

Spouse Pension A qualifying spouse or eligible life partner is entitled to a percentage of the annuity paid to the member at the time of death. The same applies if the member dies while in service and had a full potential service period of at least 10 years – that is pensionable service years plus unexpired years until normal retirement.

Can a spouse’s pension be shared in a divorce?

This means that your spouse’s savings (his or her fund value at the date of divorce – or “pension interest”, as it is known) do not have to be specifically mentioned in your divorce settlement agreement for you to be entitled to your share.

Can a non member spouse claim a spouse’s pension fund?

This means that either spouse has a claim against the pension fund of his or her spouse on divorce. The court would be empowered to order that the non-member spouse be paid out a portion of the member spouse’s pension fund.

What happens to pension in divorce in South Africa?

The spouses retain their own separate estates and there is no sharing of assets at divorce, unless a court orders a redistribution of assets in terms of Section 7 (3) of the Divorce Act. A pension interest forms part of the spouse’s estate and will then form part of the assets if redistribution is ordered by the court.