Pension benefits and Divorce – K v K and Another – a critique

In K v K and Another [2013] JOL 30037 (WCC), the Appellant and the Respondent were married in community of property during 1978 and divorced on 08 September 2005. In terms of the Divorce Order the joint estate was to … Continue reading

Divorce Benefits from a Pension

Reference is made to previous articles published on the site regarding the attachment of a pension benefit on divorce; this article deals with the various time limits that are involved in regard to the request for payment, and the time … Continue reading

Maintenance – Attachment of Pension Benefits

Pension benefits are sacrosanct. Section 37A of the Pension Funds Act makes this quite clear and provides that any benefits that accrue to a member may not be reduced, transferred or ceded; further, no right to any benefit may be … Continue reading

Death benefits and section 37C

The distribution of benefits Where an individual is a member of a provident fund, pension fund or retirement annuity fund, and dies prior to retirement there is normally a benefit that is payable. As has been discussed before (see the … Continue reading