At what stage is a party/spouse entitled to a share of the other spouse's pension interest?

Published on May 27, 2024

• The husband retired in 2014 and received his pension in March 2015. Divorce proceedings commenced in June 2015. A decree of divorce was granted in April 2018. Is the wife entitled to part of the pension interest?
• The husband's membership ended after the institution of divorce proceedings. He received the benefits after the decree of divorce. The settlement agreement stipulates that the wife is entitled to a share as calculated at the date of divorce. Husband argues that wife not entitled to benefits received prior to divorce?

Both husbands argued that it is trite in pension law litigation in divorce matters that pension benefits that were realised and/or cashed out before the date of divorce do not form part of the assets of the joint estate!!

However, in MM vs. OM 2024 |(3) SA 133 (GP) the Court found that the pension interest of a member spouse vests in the parties' joint estate on the date of institution of divorce.

In MALEBANE vs. JORDAAN 2024(3) S.A. 124 (GP) the Court confirmed the finding and added that the payment received by the husband immediately became part of the assets of the joint estate upon payment thereof.
(Paragraph G-4 p. 127)

Johan Swanepoel
Director