All you need to know about divorce and pension fund benefits.
You are entitled to 50% of the value of your spouse’s Retirement Fund or Retirement Annuity if you are married in community of property or out of community of property with Ante Nuptial Contract (ANC ) with accrual.
Ensure that your settlement agreement states that you receive 50% of the gross amount, as you are liable for the tax.
The name of the Fund and the Policy Number or Member Number must be stipulated in your settlement agreement.
Make sure that you get the full value of your spouse’s contribution, as well as the company’s. It is transferable/accessible on the date of the divorce order.
Your spouse’s employer may have a Provident Fund AND a Pension Fund. If so, claim your 50% from both funds. This includes all Retirement Funds and Preservation Funds.
How do you ensure you can claim this benefit? Read the following article from Mail & Gaurdian online.
Also read:
Hi Janene, I just want to thank you for the quick, friendly and professional assistance with my 50% claim after being divorced for 6yrs now and a struggle to handle this claim for month and month as a single parent with the Government pension department, I nearly gave up hope when I came across your web site…I can only say THANK YOU, THANK YOU, THANK YOU!! My part has been paid out in not even 3 months and you kept me updated all the time and not to mention the 2% that is nothing compared to the attorney’s fees ext. Thank you kindly!!
Thank you very much for your positive feedback – it is much appreciated. Janene
Hi do you get a confirmation from GEPF after submitting all required documents for a divorce claim
Good day Maros, no the GEPF does not send out confirmation when documents are submitted in support of a divorce claim. Should you need assistance with your pending divorce claim, you are welcome to contact me, janene@xpression.co.za
I was going through the MG article on your site and I noticed an omission that the portion of benefits paid out to the non-member spouse becomes a debt to the fund due by the member spouse which will drastically affect the remaining portion.
Good morning Ntyatyi
Yes, that is correct. Please read the article “GEPF as a Defined Benefit Fund”, everything is explained there. Should your ex-spouse claimed divorce benefit against your pension, you will have to repay that portion to the GEPF. (https://www.xpressionassist.com/2013/09/gepf-government-employee-pension-fund-as-a-defined-benefit-fund.html)
Contact me should you have further queries, janene@xpression.co.za
Good afternoon
I am in a situation where he refuses to give me and my layer any information in the pension number, what do i do then?
Please contact me
Dear Annie
You can tell our lawyer to mention his ID number in the clause. I have sent you further information via email.
Regard
Janene
Hi, I just want to clarity something; I’m divorced but my ex husband said he wants nothing from me and we agreed that we both don’t need to share anything, I want to know that if I resign now and he changes his mind will he be entitle to 50% of my pension.
Good day Trainer, if nothing is stipulated in your Divorce Decree, he cannot claim. If it is stipulated but he never put in a claim before, he can claim once you resign.
Regards
Janene
I am waiting for my payment as I had put my claim sometime in February 2020
Good day Nkosiyabo, I can assist by following up on the claim to determine where it is in the process. I have sent you an email with further information. Regards, Janene
My parents are divorcing..my mum was a teacher my dad was a mine worker…2015 my dad got his pension money and move out and my mum didn’t get anything.so this year mum retired(normal retirement) so immediately on her last day at work she got sermon from my dad’s lawyer which was a divorce papers..my dad want 50% of my mum is pension and he even went to gepf and stop mum from receiving anything…so she can’t even afford to buy her self a bread.
Dear Katlego, please note I do not work at the GEPF and cannot assist with the situation. I suggest your mother works through her lawyer and get the divorce finalized as quickly as possible so that GEPF can release her funds.
I’m in a process of getting a divorce. Apparently my husband has resigned and is secretly claiming GEPF. what cn I do to make sure I’m not robbed of my fair share as he will be getting share from my pension fund.
Dear Lindy, if the GEPF has not paid out his pension benefit yet, your lawyer can apply for an URGENT MOTION OF NOTICE that will order the GEPF to freeze his pension until the divorce is finalized. If the GEPF already made payment to him, you will have to negotiate your share between the two of you (the GEPF won’t be able to make any payments to you then). The Motion of Notice must be submitted in person to ensure it is registered on they system.
Hi I would like to know if you can help me or give me advice please. I got divorced an put in a clean divorce claim on the 03 September 2021 every time I call the toll-free number of GEPF the only answer I get every time is that the claim is at the legal process, but in the first place it states that it only take 60days,i really would like to know how can I get help or more information on this claim please.
Good day Thelicia, in my opinion the claim should have been finalized by now. I have sent you an email with further information on how I can assist. Regards
Hi, can you assist me, I have applied for divorce claim on the 9 of April 2022,and summited all documents.when I call GEPF or visit their office they told me that the claim is at legal section,and that legal section is waiting for my divorce settlement,but to my surprise is that I have send it with all documents by the time ,I applied.
Good day Rachel, I can assist by following-up on the pending matter. Should the Legal Section require any outstanding documents, I can submit on your behalf. I have sent you and email with information on how my services work. Regards, Janene