Unveiling the Complex Dance of Divorce and Retirement Funds
- Complex Legal Framework: Divorce and retirement funds in South Africa are governed by a complex interplay of laws, including the Pension Funds Act and the Divorce Act, alongside considerations of marital property regimes.
- Dependence on Active Membership: Access to a member’s pension interest by a non-member spouse hinges on the active status of the member in their fund at the time of divorce, regardless of whether the benefits remain within the fund.
- Marital Property Regimes and Tax Implications: The type of marital property regime, such as in community of property or out of community of property with or without accrual, determines the extent of the non-member spouse’s claim to pension interest. Additionally, tax considerations affect the distribution of pension interests, offering options such as cash lump sums or tax-free transfers to approved retirement funds.
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