Entitlement of a non-member spouse in a marriage in community of property in respect of pension interest in a divorce
02 March 2017
Sections 7(7) and 7(8) of the Divorce Act 70 of 1979 (“the Act”) relate to the determination of the monetary benefits to which the parties to any divorce action may be entitled. In terms of section7(7)(a), the pension interest of a party may be deemed to be part of his assets subject to other subsections of the Act. The court granting a decree of divorce in respect of the member spouse of a pension fund where the fund is deemed to be included, may make an order in terms of section7(8) on notification to the fund, in favour of the spouse who is not a member where that spouse has an accrual claim against the member spouse or where the parties were married in community of property.
