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What requirements have to be met before payment can be made to my ex-spouse from my retirement fund?

The divorce order must meet the following requirements: 

  1. The relevant fund of which you were a member on the date of divorce must be named in, or identifiable from, the divorce order.
  2. The portion of the pension interest awarded to your ex-spouse must be clear (either expressed as a percentage or a Rand value of pension interest, not exceeding 100%).
  3. It must be clear that a portion of “pension interest” is being awarded.
  4. The relevant fund must be expressly ordered to:
    • Pay over the awarded portion of your pension interest to your ex-spouse or a fund of your ex-spouse’s choice; and 
    • Endorse its records accordingly

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