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What happens if my employment is terminated before the divorce order is granted?

Since “pension interest” is defined as the resignation benefit that would be payable in terms of the rules of the fund if you resigned on the date of divorce, there is no pension interest that can be awarded to your ex-spouse in terms of section 7(8) of the Divorce Act if your service is terminated before the date of divorce. This has been confirmed by the Supreme Court of Appeal in Eskom Pension Fund v Krugel.

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