Accrual System

Your pension interest not part of the accrual system at the dissolution of a marriage subject to the accrual system, by divorce or by the death of one or both the spouses. When the Net asset value in the two parties estates

The spouse whose estate shows no accrual or a smaller acrual that the estate of the other spouse acquires a claim against the other spouse for an amount equal to half of the difference between the accrual of the respective estates of the spouses.

The key here is estate assets and only the assets that form part of your estate, for example presents, inheritance are excluded from your estate.

Your pension interest is protected with Section 37 A and section 37 B of the Pension Funds Act 24 of 1956 againt creditors

Your pension interest does not form part of your estate and therefore are not part of the accrual claim at time of divorce or death.

Section 37 C give the trustees of the pension fund the final say of how your pension interst should be divided at time of death.

When you get divorce the act changes in 2007 to make provision for clean break. Section 37D(i)(d) provide for the court in certain cercumstances to allocate certain amount to other spouse which not part of the pension fund but nothing to do with the acrual system.

In terms of the Divorce Act 70 of 1979 and section 7(7)(a) that gives the court the power in a divorce action to declare the pension interst part of his or her assets when making a order or maintenance order

When you already bought a living annuteit not a “pension interest” as defined in the Divorce Act

 

In M vs M (2016) the High Court in Johannesburg ordered that while a person does not have a right to the capital while he/she is living the capital does not form part of estate and can therefore not forming part of the calculation when accraul is calculated in terms of the Matrimonial Property Act 88 of 1984