Yes, you can claim a portion of your spouse’s pension fund in a South African divorce, provided the pension was accumulated during the marriage. This is one of the most significant financial aspects of divorce and requires careful legal handling.
How Pension Claims Work
Under the Divorce Act and the Pension Funds Act, a court can make an order that a portion of a spouse’s pension interest be paid to the other spouse upon divorce. This is known as a pension fund order.
What You Need to Do
- Obtain a pension fund valuation from your spouse’s fund
- Engage an attorney experienced in pension fund divorces
- Ensure the court order includes the correct wording for the pension fund
Payment Options
HB Attorneys offers pension-related payment options, meaning qualifying clients may not need to pay upfront cash. We can arrange fees from the pension proceeds after the divorce is finalised.
Contact us to discuss your pension fund claim.