N.P.M v M.H.M (3204/2021P)
N.P.M v M.H.M (3204/2021P) [2023] ZAKZPHC 43 (21 April 2023)
The court held that the retrenchment payment received by the defendant during the subsistence of the marriage forms part of the joint estate and must be considered in the division of assets. The defendant is entitled to 50% of the plaintiff's pension interest with the Government Employees Pension Fund, calculated as at the date of divorce, not the date of separation. The court relied on clear statutory language and binding precedent, which establish that pension interests are to be included in the joint estate and divided equally upon divorce, with the relevant date for calculation being the…
Source excerpt
- Pension Interest On Divorce
- Marriage In Community Of Property
- Division Of Joint Estate
- Date Of Pension Calculation