Family: Wife fails to stop ex sharing pension pot

A wife has lost her legal bid not to share half of her pension benefits with her ex-husband, who she said saw her as a ‘cash cow’. She felt he had squandered most of his pension when he was paid out and did not deserve a share of hers, according to a Saturday Star report. But Gauteng High Court (Pretoria) Judge Colleen Collis did not agree. She said it appeared that the ex-husband did pay off some of the common household debts when he received his pension and bought necessities such as school uniforms for the children. Thus, the judge said, the wife had to pay him about R1.2m (half of her government pension) as part of the divorce settlement. They had married in 2004 in community of property. Apart from 50% of his now former wife’s pension fund, the husband, who instituted the divorce proceedings, also wanted monthly spousal maintenance. However, he later abandoned this request and said he would be satisfied with a divorce and half of her pension.

The wife, in her counter-application, sought the forfeiture of half of her pension. She told the judge her husband was financially abusive towards her and failed to contribute his fair share towards the monthly expenses of the matrimonial home. The Saturday Star notes it was her testimony that her husband married her to play the role of a mother to his children and to use her as a ‘cash cow’. Collis referred to a previous judgment in another case in which it was said: ‘It has long been accepted that when parties enter a marriage in community of property one joint estate will be formed. As such, entering a marriage in community of property is a risk each spouse takes. The spouses will on the date the joint estate is created, become joint owners of all the assets brought into the estate and will also share each other’s liabilities.’ Collis said the Divorce Act was clear that to qualify for forfeiture, based on misconduct, such misconduct must be substantial, which she could not find in this case.