South Africa Case Law

C.N.N v N.N (2021/11607)

C.N.N v N.N (2021/11607) [2023] ZAGPJHC 208; [2023] 2 All SA 365 (GJ); 2023 (5) SA 199 (GJ) (23 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/11607

Judge

C Marumoagae

The court held that the applicant cannot claim pension benefits that accrued to the respondent before the divorce was granted. Section 7(8) of the Divorce Act only allows for the division of pension interests that exist at the date of divorce, not accrued pension benefits resulting from resignation prior to divorce. The legislative framework does not permit a non-member spouse to claim directly from the fund where the member spouse has exited the fund before divorce. The variation sought by the applicant, substituting 'pension interest' with 'accrued pension benefit', would be unenforceable a…

Source excerpt

• Divorce Act Section 7 8
• Pension Interest
• Accrued Pension Benefit
• Variation Of Divorce Order