Pretoria – A now divorced man failed to claim a portion of his wife’s R2.9 million pension fund after the North Gauteng High Court in Pretoria found that the couple spent more than half of their married life apart.
The couple were married in community of property in 1985 and separated in August 2011.
In the 26 years they were together, the husband worked overseas for a couple of years which effectively brought the marriage to 17 years.
The former couple was employed by the SAPS, the ex-wife is still employed by the State entity.
In December 2000, the ex-husband was medically boarded. He blamed his ex-wife for this outcome saying she subjected him to physical, verbal and emotional abuse throughout their marriage and it affected his health.
With his R170 000 payout, he bought a computer to design web pages, he paid off debts they had in the joint estate and the remainder of the money was spent on household living expenses.
He also added that he sent his wife money when he was overseas.
In her response, the wife accused him of being selfish, spent money on himself, bought computers and computer parts, cigarettes, coke and beer, and was financially irresponsible and failed to contribute 50% to the running of the household.
She also testified that he used his pension payment of R170 000 for his own selfish desires.
In 2017, the couple’s joint estate was put under debt review, and the ex-wife made monthly instalments of over R6 000, meanwhile the ex-husband contributed R2 200 per month towards the debt review payments.
Presiding over the matter, Judge J Neukircher said the parties blamed each other for the breakdown of the marriage and there was no evidence supporting their statements.
Regarding the debt review, Neukircher said even though the husband didn’t contribute 50 percent in settling the debt, there was also no evidence that he could have contributed more as he earned well.
On the pension fund, Neukircher said since the couple separated in 2011, the ex-wife’s pension fund grew significantly and the ex-husband made no contribution towards the pension fund.
“Taking in account that the parties have effectively lived separate lives for more than half of their marriage... I find that the plaintiff will be unduly benefited were an order for forfeiture of the defendant’s pension benefits not to be ordered.”
Neukircher ordered a joint estate to be divided, including a flat bought by the couple.
IOL