A cheating husband who had a child outside his marriage will be getting half of his estranged wife’s pension fund in a divorce settlement. File picture: Pexels
A cheating husband who had a child outside his marriage will be getting half of his estranged wife’s pension fund in a divorce settlement.
The couple, who were married in community of property, initially argued their divorce settlement in the Magistrate Court, where it was ruled that the husband should get a share of the wife’s pension fund.
Disenchanted with the outcome, the wife approached the Limpopo High Court in Polokwane on appeal.
The former lovers were estranged for two years before the husband filed a divorce, saying the wife cheated on him with several men.
He added that she went on vacation to Thailand with another man. He also ran into them at a restaurant, where they told him they were in love and that there was nothing he could do about it. Moreover, the wife told him he could file for divorce.
In his divorce application, he sought an equal division of the joint estate, requested that primary residence of the child be awarded to the mother while he should be allowed reasonable contact, and proposed that both parents financially contribute towards the child, with the decision on financial contributions to be made at the maintenance court. Lastly, he wanted half of the wife’s government pension fund.
In her reply, the wife denied cheating on the husband and instead blamed him for infidelity and fathering a child outside their marriage.
She also wanted the husband to forfeit a share of her pension fund, arguing that his contribution to the joint estate was minimal, he failed to support her financially, and he was also abusive.
In addition, she said the husband resigned from his job at Blouberg Municipality sometime around 2016-2017 and received over half a million as a payout, which he enjoyed alone.
She further added that he only contributed to the household and supported their child when he wanted to. She also discovered that most of the money went into gambling and to the mother of his other child.
She claims that while he was unemployed, she assisted him financially and would also give him money to look for a job. When he eventually got a job in Johannesburg, he took the mother of his other child and they lived together.
When looking at the evidence, Judge Maake Francis Kganyago said the lower court found evidence that the estranged couple equally contributed to the towards the breakdown of their marriage.
Judge Kganyago said it was unfair for the wife to make it seem like the husband resigned without informing her.
He said his resignation was discussed prior and they agreed that he should resign due to work disputes.
Moreover, he said it was untrue that the husband didn’t share his pension fund because at the Magistrate Court, they both testified that even when the husband was unemployed, they used to go out on vacations and they both contributed towards the trips.
He said even though he was unemployed, he assisted the wife by giving her R12,000 to buy a bakkie.
Regarding the child, the judge said there was no evidence showing that he was taken to the maintenance court for neglecting his financial obligations, and the wife never claimed that he was completely failing to take care of 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,” read the judgment.
The judge said the wife’s appeal should fail.
sinenhlanhla.masilela@iol.co.za
IOL News
