I am married ANC with accrual, getting d...

Asked by the Customer on 23-03-2017 14:20:47
Question posted in the Divorce Law category relating to Western Cape

I am married ANC with accrual, getting divorced. My question is about the accrual calculation

Custom and practice for the accrual is to take commencement values adjusted by inflation and subtract this value from current value.

In my case my main asset is my provident fund and I have documented actual returns by each year of marriage. So if it commenced with R100 in 2004 that value using CPI is now R200. However the actual value of the R100 is far more than inflation eg R300, as the provident fund ACTUAL returns were in the order of 14% vs around 65 for CPI on an annual basis.

Lets say the fund is now worth R1000

Do I have a case to argue that in my example the accrual is NOT R1000-R100=R900 by ACTUALLY R1000-300=R700

This makes a significant difference to what i have to split

Further information relating to Question:

Sorry should read 6% for CPI

Message from the Customer

Apologies Should read

Do I have a case to argue that in my example the accrual is NOT R1000-R200=R800 by ACTUALLY R1000-300=R700

Message from the Attorney

Posted by Att. Patrick on 23-03-2017 14:53:57

Hi there and thank you for your question,

Unfortunately no, there is not.

If the provident fund grew by 14% instead of a lesser rate then that is your partner's good luck because it has increased your accrual.

Remember, that by taking the commencement value and adjusting it for CPI all you're really doing is attempting to bring the provident fund's commencement value in line with current market conditions.

The "growth" that the provident fund achieves is what you're looking to calculate - and if the provident fund has grown by 14% then it is good luck for the other person.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Message from the Customer

Hi Patrick
Many thanks. I am not sure you have answered my question in entirety.
Over 12 years the fund grew over 400% actually. The CPI equivalent growth was 100%.
So whilst the currrent value has quadrupled, this also applies to my commencement value. So my argument for the accrual to be split is: accrual =
(Current fund value)-(commencement value x growth%) instead of
(Current value)-(commencement value x CPI%)
I realise the act refers to CPI adjustments of commencement value , however in this case I have the actual fund returns per year and am able to demonstrate that the commencement value is actually a far bigger % of the current value than a calculated CPI increase

Message from the Attorney

Posted by Att. Patrick on 29-03-2017 15:26:15

Hi there,

No, you can't calculate it like that.

You must base your calculations on the actual commencement value of the policy, and you must then adjust it to take into account inflation. i.e. CPI.

Accrual = (Current value) - (commencement value x CPI%)

I hear what you're saying, but you won't be able to do that.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.