Divorce orders

Legislation makes provision for a member’s Member Credit Account to be shared in the event of divorce. The benefit is paid according to the Rules of the Fund and applicable legislation at the time of the conclusion of the divorce or when the decree is issued.
 
However, many problems arise from incomplete divorce orders.

Firstly, if a divorce order or decree for the dissolution of a customary marriage is made against your retirement fund benefits, a certified copy of the order must be sent immediately to the administrators of the Fund. Provided the divorce order contains the required information, the Fund will pay accordingly. The Fund can then notify both parties how much will be paid and to whom.

To ensure that the benefit can be paid from the Fund to your ex-spouse, you should ensure that the divorce order includes following information:

  

Please see the suggested clause below:

The non-member spouse is entitled to 50% of the member’s Member Credit Account in the Unisa Retirement Fund. The Unisa Retirement Fund can be ordered to pay this amount to the non-member spouse.

The divorce payment will be deducted proportionally from the Vested Share and Non-Vested Share in your Vested Pot, your Savings Pot and your Retirement Pot.