The accrual system is a matrimonial property regime used when spouses marry out of community of property with accrual. Each spouse keeps their own estate during the marriage, meaning assets and debts remain separate.
However, when the marriage ends through divorce or death, the growth (accrual) of each spouse’s estate during the marriage is compared. The spouse whose estate grew less may have a claim against the other spouse for half of the difference between the two estates.
The accrual system attempts to balance financial independence during marriage with fair sharing of wealth accumulated during the marriage.
The accrual calculation involves comparing the value of each spouse’s estate at the start of the marriage with the value at the end of the marriage.
The calculation generally follows these steps:
Consider the following simplified example.
At the start of the marriage:
At the end of the marriage:
The growth of each estate would be calculated as follows:
The difference between the growth is:
R800,000 − R250,000 = R550,000
Spouse B would therefore have a claim for half of the difference:
R550,000 ÷ 2 = R275,000
Spouse B may claim R275,000 from Spouse A.
Certain assets may be excluded from the accrual system if they are specifically listed in the antenuptial contract.
Examples include:
Exclusions must be carefully drafted in the antenuptial contract. Poorly drafted exclusions can lead to disputes when the marriage ends.
| Term | Meaning |
|---|---|
| Accrual | The growth in value of a spouse's estate during the marriage. |
| Commencement Value | The value of each spouse's estate at the time the marriage begins. |
| Final Estate Value | The value of a spouse's estate when the marriage ends. |
| Accrual Claim | A financial claim by the spouse whose estate grew less. |
| Excluded Assets | Assets specifically excluded from the accrual calculation in the antenuptial contract. |