When a couple divorces, the non-member spouse (the spouse not belonging to the retirement fund) may claim a portion of the member spouse's pension interest. This claim can be made in a divorce settlement agreement, which is then made an order of the court.

One key legal provision that governs these financial matters in South Africa is Section 7 of the Divorce Act 70 of 1979. This section lays out the framework for determining how assets are divided upon divorce. An important aspect of this is the potential for a spouse to claim forfeiture of benefits.

In this post, we will unpack how Section 7 of the Divorce Act operates and explain what a forfeiture claim entails.