A unfaithful husband who has a child outside of marriage will receive half of his estranged wife’s pension savings in a divorce settlement.
The couple, who were married in community of property, initially fought their divorce settlement before the Magistrate Court, where it was determined that the husband would receive a portion of the wife’s pension fund.
The wife was dissatisfied with the verdict and filed an appeal with the Limpopo High Court in Polokwane.
The former lovers were apart for two years before the husband filed for divorce, claiming the wife cheated on him with many men.
He also mentioned that she went on vacation to Thailand with another man. He also met them in a restaurant, where they told him they were in love and there was nothing he could do about it. Moreover, the wife informed him that he may petition for divorce.
In his divorce application, he sought an equal division of the joint estate, requested that the mother be awarded primary residence of the child while allowing him reasonable contact, and proposed that both parents financially contribute to the child, with the decision on financial contributions to be made by the maintenance court. Finally, he requested half of the wife’s government pension money.
In her response, the wife denied cheating on her husband and instead blamed him for infidelity and having a child outside of marriage.
She also demanded that the husband forfeit a portion of her pension fund, claiming that his contribution to the joint estate was low, that he failed to support her financially, and that he was abusive.
Furthermore, she stated that the husband left from his position at Blouberg Municipality in 2016-2017 and received a compensation of more than half a million, which he spent on his own.
She further stated that he only contributed to the household and supported his child when he wanted to. She also discovered that the majority of the money was spent on gaming and to the mother of his other child.
She claims that when he was unemployed, she helped him financially and even gave him money to look for work. When he eventually secured a job in Johannesburg, he moved in with his other child’s mother.
When reviewing the evidence, Judge Maake Francis Kganyago stated that the lower court discovered evidence showing the estranged couple contributed equally to the breakup of their marriage.
Judge Kganyago said it was unjust for the wife to make it appear that the husband resigned without informing her.
He stated that his departure was negotiated beforehand, and they agreed that he should resign due to work disagreements.
Furthermore, he stated that it was false that the husband did not share his pension fund because they both testified in Magistrate Court that even when the husband was unemployed, they used to go on vacations and contributed to the expenses.
He stated that despite being unemployed, he helped his wife by giving her R12,000 to buy a bakkie.
Regarding the child, the judge stated that there was no proof that he was hauled to maintenance court for failing to meet his financial duties, and the wife never alleged that he was utterly unable to care for his child.
“Even during the period after resignation, there was no complaint that the respondent was failing in his duties of taking care of the minor child,” the court’s ruling stated.
The judge ruled that the wife’s appeal should fail.
