The Divorce Act and Pension Funds
Section 7(7)(a) of the Divorce Act of 1979 deals with a spouse’s pension interest. Before this amendment, a spouse’s pension interest didn’t form part of determining the estate’s value in a divorce. So, for example, if your spouse had R2 million in a pension fund, a divorce settlement didn’t need to include this when valuing the assets to be split – whether you’re married in community of property or subject to the accrual system. The Section 7(7)(a) amendment changed all of this, deeming the value of your pension to be part of your asset calculation along with the balance of your assets.....
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