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Can you claim your spouse’s share of pension after divorce?
Although pensions fall within the broad category of movable property, they are treated differently due to how they are created and protected under pension law.
When marriages end, disputes over assets often centre on visible wealth, such as the marital home, land, cars or businesses. Rarely does the fight turn to pensions, and when it does, the outcomes aren’t quite what you would expect.
In an Eldoret High Court ruling made last year, RCK vs DKK Matrimonial cause 004 2022, the court denied prayers by the applicant to lay claim to the respondent's pension upon dissolution of the marriage.
