Judge Orders Pension Fund To Retain 50% Of Man’s Payout For His Wife

The Johannesburg High Court has granted an injunction prohibiting the Government Employees Pension Fund (GEPF) from releasing 50% of a man’s pension benefit until his divorce proceedings are concluded.

The court deemed it suspicious that the man, who had recently lost his job and neglected his pledge to increase child maintenance, was now financially able to contest his wife’s legal application.

The couple, united under a community of property marriage, had been navigating divorce proceedings since November 2023. The wife asserted that her husband’s recent termination placed the GEPF in a position to proceed with the pension payout unless the court stepped in.

She also contended that the man had not increased child maintenance payments for their three minor children, despite earlier assurances. Although the husband had promised not to liquidate the pension, the wife voiced skepticism, referencing his history of unmet financial commitments.

In her legal filing, the wife maintained that, due to their community of property marriage, she was entitled to 50% of the joint estate and expressed concern that her husband might try to access the pension funds, particularly given the sudden nature of his job loss.

The husband challenged the application, stating he had provided assurances in November 2024 and February 2025 that the joint estate’s assets would not be misused, and argued that his wife’s legal action was an abuse of the judicial system.

However, the court found his assurances unpersuasive, particularly in light of his recent retraction of a similar promise regarding child maintenance.

The court observed that the husband failed to prove any substantial harm if 50% of his pension was preserved and questioned how he could afford to oppose his wife’s application while claiming inability to fund their children’s maintenance.

The judge ruled that the husband’s behavior was imprudent and issued an order preventing the GEPF from disbursing the pension funds. Additionally, the husband was ordered to cover the costs of the application.

A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.

Nnamdi Okoli