Van Dyk (born) Gerber v Van Dyk (945/2007)
Van Dyk (born) Gerber v Van Dyk (945/2007) [2009] ZAFSHC 17 (19 February 2009)
The court found that the insurance policy payouts received by the plaintiff due to her diagnosis of multiple sclerosis were non-patrimonial in nature, intended to compensate her for pain and suffering and to improve her quality of life, rather than for loss of future income. Accordingly, these payouts do not form part of the accrual of her estate for purposes of divorce under the Matrimonial Property Act. Furthermore, the court held that the fruits or interest derived from the investments made with these payouts are also excluded from the accrual calculation. The Act's silence on replacement…
Source excerpt
- Matrimonial Property Act
- Accrual System
- Insurance Payouts
- Non Patrimonial Damages