Divorce

Divorce and the GEPF

Does my pension interest in GEPF form part of my assets for purposes of divorce? Depending on the nature of the marriage, the court may make a ruling as to how the assets shared in the marriage, such as for example a house, vehicles and the like be divided between the parties. The question is whether the pension interest of any party to the divorce forms part of the assets? The answer is: yes. There are three types of marriage regimes in South Africa

GEPF Clean Break Divorce Benefit Claims And Taxation

How does tax on the portion of the pension interest allocated by the court work? If the parties were divorced on or after 13 September 2007, the non-member spouse will be taxed in his or her own right. If the parties were divorced before 13 September 2007, only the member spouse is taxed. However, should a non-member spouse owe the South African Revenue Service (SARS) any tax, this will be deducted from the benefit by SARS, regardless of whether the parties divorced before or after 13 September 2007

Government Employee Pension Fund (GEPF) Divorce Claims

Have you claimed your divorce benefit from your ex-spouse Government Employee Pension Fund? Or have you lodge a claim but are not getting any feedback from the GEPF? Have you been waiting longer than 60days for your payment? Because of the implimentation of the clean break principle former spouses (the non-member) of members contributing to the GEPF can now claim their share of the fund as stipulated in their divorce order and don’t have to wait until retirement, resignation or death.

How To Claim Your Divorce Benefit From The GEPF

On 14 December 2011 the The GEP Law Amendment Act 2011 amended the law to provide for the implementation of the “clean-break” principle. This means that former spouses of members contributing to the GEPF can now claim their share of the fund as stipulated in their divorce order and don’t have to wait until retirement, resignation or death.