Divorce Orders
Divorce seems to be another reality of life. Your Fund Value forms part of your overall assets and a portion is often paid to the ex-spouse in the case of divorce, depending on your marriage contract and divorce order. The portion payable to your ex-spouse will depend on the portion/percentage specified in your divorce order and is called the “pension interest”.
“Pension interest” is defined in the Divorce Act as the benefit to which a member would have been entitled in terms of the Rules of the Fund if his/her membership had been terminated on the date of the divorce. |
Information to be contained in your divorce order
The following information must be included in your divorce order, otherwise the Fund cannot pay the ex-spouse directly:
- The name of the Fund: TFG Retirement Fund (registration number 12/8/10150/2)
- The percentage (0% - 100%) or the actual Rand amount to be paid to the ex-spouse
- An order to the Fund to endorse the Fund’s records and to pay the pension interest of the ex-spouse directly to him/her.
When is it payable?
Your ex-spouse may claim and receive the portion of the member’s pension interest that is assigned in terms of the divorce order or the order of dissolution of a customary marriage, soon after the order has been granted. Your ex-spouse does not have to wait until you exit the Fund.
Who is responsible for paying the tax?
The tax on the ex-spouse’s benefit will be paid by the ex-spouse.
The date of the divorce must be during the period that you were a member of the TFG Retirement Fund in order for the divorce order to be valid on the Fund. |
For more information, email Alexforbes on AFDO@alexforbes.com