key to the study guide - Name

(4) Explain how a spouse's pension interest must be determined upon
divorce in terms of section 1 of the Divorce Act.
(5) When and how does payment take place of any part of the pension
interest of the member spouse to the spouse who is not a member
of the particular fund?
(6) Set out the shortcomings of the Divorce Act in respect of pension
sharing.
(7) Can a wife share in her husband's pension interest upon divorce if
the spouses were married out of community and of profit and loss
and without the accrual system in terms of an antenuptual
contract on 1 December 1986?
PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER
PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS
STUDY UNIT.
Below follows an example of a problem-type question:
Sam married Sarah on 2 February 1988. Their marriage is out of
community of property and of profit and loss with the accrual system. At
the beginning of the marriage neither spouse owned anything. During the
subsistence of the marriage Sarah stayed at home and had no income of her
own. She still owns nothing of value. During the entire subsistence of the
marriage Sam worked for the same employer. He earned a small salary.
From this salary he made contributions to a pension fund and he paid
income tax and unemployment insurance. He spent the rest of his income
on the maintenance of himself and Sarah. Like Sarah, he still owns nothing
of value. Sam and Sarah are now planning to get divorced. Sarah is
claiming a share of Sam's pension interest. Advise her whether she is
entitled to such a share. Give authority for your advice.
SUMMARY
In this study unit you encountered some of the general consequences of
divorce. You learned in particular
. what determines the effect of divorce on the division of the spouses'
property
. when and how pension interests are taken into account on divorce
In the next study unit we study another consequence of divorce on the
patrimony of the spouses, namely forfeiture of patrimonial benefits.
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