Wright-Rose Innes looks at a Pretoria High Court case where a wife said that her husband forfeited his share of her pension.
A divorced person previously married in community of property can claim a share in the pension of their former spouse.s said that spouses have the right to enjoy the assets brought into and accumulated during a marriage in community of property. A deviation from this would be a denial by a spouse of this right.
She said that the husband used her to provide for his children and squandered his own pension by resigning from his position. It also said that the wife did not substantively prove misconduct on the part of the husband and that he would unduly benefit from sharing in his former wife’s pension. It ruled that the wife must pay R1.2 million of her pension interest to her ex-husband at the date of divorce.
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