Accrual explained: growth, exclusions and the equalisation claim
- Spence Learning
- 1 hour ago
- 3 min read
Where the accrual system applies, the ordinary statutory model compares the growth in the spouses' eligible net estates. It does not simply divide every asset in half. The antenuptial contract, commencement values, exclusions and applicable law must first be understood.
Understand what is compared
The Matrimonial Property Act provides for a claim generally equal to half the difference between the respective accruals, in favour of the spouse with no accrual or the smaller accrual. The calculation requires proper identification of the values being compared. A calculator cannot determine disputed ownership or classify an asset merely from its description.
Check commencement values and exclusions
The commencement value must be adjusted for the change in the value of money using an appropriate CPI basis. An annual inflation percentage is different from an index level. If index series have different bases, they cannot be combined without a valid conversion. Record the source, reference months and series used.
The Act contains rules concerning excluded assets, replacement assets, certain damages, inheritances, legacies, donations and proof of commencement values. Insolvency, contractual variations, retirement interests and disputed exclusions can make the analysis more complex. Do not subtract an excluded asset while ignoring the treatment of its associated obligations.
Prepare the figures for advice
Prepare statements and valuations for a consistent valuation date and keep historical documents supporting the commencement estate. Separate confirmed figures from estimates. Avoid including the same retirement value in both an asset total and an additional claim line.
An accrual illustration uses eligible values and an explicit inflation adjustment. Your antenuptial contract and the legal treatment of each asset and obligation must be checked before relying on a result. Where an assumption is unknown, seek advice before treating the figures as a claim.
A restricted accrual illustration
Assume the legally eligible net estates at dissolution are R1 000 000 and R700 000, and that the correctly inflation-adjusted commencement values are R200 000 and R300 000. The illustrated accruals are R800 000 and R400 000. Half the R400 000 difference is R200 000, in favour of the spouse with the smaller accrual under the ordinary statutory model.
These figures assume that the system applies and that ownership, debts, exclusions, commencement values and inflation adjustment have already been resolved. They exclude complications such as a disputed inheritance, contractual variation or fund-specific retirement treatment. The illustration explains the arithmetic; it does not determine the eligible values or establish a claim in a particular divorce.
Questions to take to a consultation
1. Does accrual apply under the complete antenuptial contract and law?
2. Which assets and obligations belong in each eligible estate?
3. What evidence supports commencement values and claimed exclusions?
4. Which consistent CPI series and reference dates support the adjustment?
5. Are any retirement interests or assets counted twice?
Sources and related reading
The button opens an email to natalie@spencelaw.co.za. It does not send automatically. Do not attach identity documents, children’s full details or financial records before conflict screening and an agreed private transfer arrangement.
General information, not advice on an individual matter. An enquiry is not an accepted instruction or confirmed appointment and does not protect a court deadline. This is not an emergency service.
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