Our law recognises that many marriages, unions, and permanent life partnerships in South Africa do not involve continuous co-residence.
For many couples, years of WhatsApp messages, photos and shared memories seem like undeniable proof of a committed relationship.
But if a dispute arises over a pension death benefit, trustees will be looking far beyond your chat history.
A recent determination by the Office of the Pension Funds Adjudicator shows that while messages may form part of the evidence, trustees are required to build a picture of a relationship from multiple sources before deciding whether someone qualifies as a permanent life partner entitled to share in a deceased member's pension benefits.
The determination stems from a dispute over an R8.33 million death benefit after a Corporate Selection Umbrella Retirement Fund member died in May last year.
