Claim on ex’s pension fund fails
A NOW divorced man failed to claim a portion of his wife’s R2.9 million pension fund after the North Gauteng High Court in Pretoria found that the couple spent more than half of their married life apart.
The couple were married in community of property in 1985 and separated during August 2011.
In the 26 years they were together, the husband worked overseas for a couple of years which effectively brought the marriage to 17 years.
The former couple were employed by the SAPS, and the ex-wife is still employed by the State entity.
In December 2000, the ex-husband was medically boarded. He blamed his ex-wife for this, saying she subjected him to physical, verbal and emotional abuse throughout their marriage and it affected his health.
With his R170 000 payout, he bought a computer for him to design web pages, paid off whatever debts the joint estate had, and the remainder went into household living expenses.
He added that he sent his ex-wife money when he was overseas.
In her response, the ex-wife accused the father of her children of being selfish, spending money on himself, buying computers and computer parts, cigarettes, coke and beer, being financially irresponsible, and failing to contribute 50% to the running of the household.
She testified that he used his payout of R170 000 for his “own selfish desires”.
In 2017, the couple’s joint estate was put under debt review, and the ex-wife made monthly instalments of
over R6 000; meanwhile the ex-husband contributed R2 200 a month towards the debt review payments.
Presiding over the matter, Judge J Neukircher said the parties blamed each other for the breakdown of the marriage and there was no evidence supporting their statements.
Regarding the debt review, Judge Neukircher said even though the husband didn’t contribute 50% in settling the debt, there was also no evidence that he could have contributed more as he earned well.
On the pension fund, the judge said since the couple separated in 2011, the ex-wife’s pension fund grew significantly and the ex-husband made no contribution towards the pension fund.
“Taking in account that the parties have effectively lived separate lives for more than half of their marriage ... I find that the plaintiff will be unduly benefited were an order for forfeiture of the defendant’s pension benefits not to be ordered.”
Judge Neukircher ordered the joint estate to be divided, including a flat bought by the couple.