If I have my own retirement fund, can I claim from my ex-spouse’s retirement fund?

In terms of the Divorce Act, upon divorce, each party’s pension interest (in a retirement fund) is deemed to be part of his/her assets which are taken into account in determining the patrimonial benefits to which each party may be entitled. The only exception (where a party cannot claim against the other’s pension interest) is when the parties are married out of community of property and the marriage was entered into on or after1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded.