In the case of divorce where the couple ...

Asked by Anonymous on 07-05-2024 23:24:55
Question posted in the Divorce Law category relating to Gauteng

In the case of divorce where the couple is out of community of property, with accrual does pension,retirement annuities and other policies such as life policies,funeral etc. form part of the estate calculation?

Message from the Lawyer

Posted by Att. Patrick on 08-05-2024 08:28:21

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

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Yes, any contributions that you would have made to your pension, retirement annuities and other INVESTMENT policies would form part of the accrual calculation.

However, a life insurance policy and a funeral policy typically only have a value if you die, so you can't include that in the accrual calculation. e.g. if you are paying each month R30k for a R50m life insurance policy, is it fair to say that you are worth R50m and this figure should be included in the accrual calculation? No. 

Answer Accepted

This answer was accepted on 08-05-2024 09:20:31

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