High Court Rules Wife Forfeit Kshs 18.2m Pension After Affair & Facebook Post

In a landmark ruling that serves as a cautionary tale for the digital age, the High Court has stripped an estranged wife of her claim to her husband’s R2.3 million (approximately KShs 18.2 m) pension fund.

The deciding factor was a series of Facebook posts and a secret child that shattered her claims of entitlement during divorce proceedings.

The breakdown of a marriage

The couple, who married in 2011, had been embroiled in a bitter legal battle following their separation several years ago. Central to the dispute was the wife’s demand for a 50% share of her husband’s substantial pension interest, accumulated over his career as a high-earning professional.

Under South African law, pension interests are generally considered part of the joint estate in marriages in community of property. However, the Divorce Act allows a court to order the forfeiture of patrimonial benefits if one party would be unduly benefited due to misconduct or the duration of the marriage.

Smoking gun

The husband’s legal team presented evidence that the wife had not only engaged in a long-term extramarital affair with a close family friend but had also conceived a child during the marriage. This is a fact she reportedly kept hidden while the couple was still cohabitating.

The nail in the coffin for the wife’s claim came from her own social media activity. The court was presented with screenshots from Facebook, including a lavish baby shower celebration posted on her public profile.

The posts, which featured the wife celebrating her pregnancy and the child’s birth with the third party, were used to prove substantial misconduct and the breakdown of the marital bond long before the legal proceedings began.

The court’s ruling

Presiding over the case, the Judge noted that while no marriage is perfect, the wife’s actions constituted a gross betrayal of the marital contract. The court found that allowing her to walk away with half of the husband’s retirement savings would be unjust.

The ruling emphasised that the wife’s conduct was the primary cause of the marriage’s irretrievable breakdown. Consequently, the court ordered the total forfeiture of her claim to the R2.3 million pension interest.

Stark warning for the social media era

Legal experts say this case highlights the increasing role of social media in the aspects of our lives. Anything you post on social media may be used against you in a court of law.

The husband, who expressed relief following the verdict, is now able to retain his full retirement as the divorce is finalised.

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