A legal loophole often used by husbands to reduce the amount their wives receive in a divorce settlement has been closed by the Supreme Court of Appeal.
Maya said the husband had"a clear right to the investment returns yielded by his capital re-investment with Sanlam, in the form of future annuity income which he draws from the agreement".
"But then it erroneously considered the annuity income relevant only for purposes of a maintenance claim. It should have found it to be an asset in the [husband's] estate, which is subject to accrual."
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