Spousal Support (Maintenance) In South AfricaÂ
Spousal support, also known as spousal maintenance, is a common issue in divorce proceedings in South Africa. It is financial support provided by one spouse to the other after a divorce, designed to help the recipient spouse maintain a reasonable standard of living. However, many people are unsure about how long spousal support lasts and under what circumstances it may end or be modified.
At Burger Huyser Attorneys, we understand the complexities of family law, and we’re here to provide clarity on the duration of spousal support in South Africa.Â
Spousal support is a financial obligation that one spouse may be required to pay to the other after the dissolution of their marriage or civil union. The purpose of spousal support is to assist the financially dependent spouse, allowing them to meet their basic needs and maintain a standard of living similar to what they enjoyed during the marriage.
In South Africa, the Maintenance Act of 1998 governs the payment of maintenance, including spousal maintenance. The court has discretion in determining the amount, duration, and terms of the maintenance based on the circumstances of the case.
How Long Does Spousal Support Last?
The duration of spousal support depends on a variety of factors, including the specific circumstances of the marriage and the financial needs of the recipient spouse. There is no set duration for spousal support, as it can be either temporary or indefinite. Let’s explore the factors that influence how long spousal support lasts:
- The Financial Needs of the Recipient Spouse: Spousal support is primarily intended to address the financial needs of the recipient spouse. If the recipient spouse is unable to support themselves due to factors such as age, illness, or lack of employable skills, the court may order that maintenance continue indefinitely. In such cases, the support may last for as long as the recipient spouse is unable to become self-sufficient.
On the other hand, if the recipient spouse is capable of supporting themselves, the court may set a time limit on the maintenance payments to give them the opportunity to become financially independent. - The Length of the Marriage: The length of the marriage is a crucial factor in determining the duration of spousal support. In long-term marriages, where one spouse has been financially dependent on the other for a significant period, the court is more likely to award long-term or even indefinite spousal maintenance.
In short-term marriages, the court may limit the duration of spousal support, especially if both parties are relatively young and able to support themselves. Generally, the longer the marriage, the more likely it is that spousal support will be awarded for a longer period. - The Earning Capacity of the Recipient Spouse: The court will also take into account the recipient spouse’s earning capacity. If the recipient spouse is able to work or improve their financial situation through education, training, or employment, the court may set a time frame for spousal support to give them time to become self-sufficient. This is often the case when one spouse has been out of the workforce for an extended period and needs time to re-enter the job market.
- The Paying Spouse’s Ability to Contribute: The paying spouse’s financial ability to provide support is also a key consideration. If the paying spouse is in a strong financial position, the court is more likely to award spousal support for a longer period. However, if the paying spouse faces financial difficulties or if their income decreases, the court may reduce or terminate the maintenance payments.
- Changes in Circumstances: Spousal support can be reviewed and modified if there is a change in the circumstances of either spouse. For example, if the recipient spouse remarries, their financial needs may change, and maintenance may be terminated. Alternatively, if the paying spouse’s financial situation improves, the court may increase the amount of support.
- Standard of Living During the Marriage: The standard of living during the marriage is another factor the court considers when determining the duration of spousal support. If the recipient spouse was accustomed to a particular lifestyle, the court may order longer-term maintenance to help them maintain a similar standard of living post-divorce, provided it is reasonable and feasible based on the paying spouse’s financial capacity.
When Can Spousal Support Be Terminated or Modified?
Spousal support is not set in stone and can be modified or terminated under certain circumstances. Some common situations where spousal support may be modified or stopped include:
- Remarriage of the Recipient Spouse: If the spouse receiving maintenance remarries, the obligation to pay spousal support may be terminated. This is because remarriage typically implies that the recipient spouse now has a new financial partner and may no longer require financial support from their ex-spouse.
- Recipient Spouse Becomes Financially Self-Sufficient: If the recipient spouse becomes capable of supporting themselves—whether through employment, inheritance, or other means—the paying spouse can request the court to reduce or terminate the maintenance payments.
- Changes in Financial Circumstances: Either party may apply to the court to modify the maintenance order if there is a significant change in their financial circumstances. For example, if the paying spouse loses their job or faces financial hardship, they may request a reduction in maintenance. Similarly, if the recipient spouse receives a significant income increase, maintenance may be reduced.
- Death of Either Spouse: Spousal support automatically ends upon the death of either spouse. However, the estate of the deceased spouse may still be liable for outstanding maintenance payments if the deceased was the paying spouse.
If you need assistance with a spousal maintenance matter, contact Burger Huyser Attorneys Spousal Support Attorneys today.
If you’re navigating a divorce and are unsure about your obligations or entitlements regarding spousal support, it’s important to seek professional legal advice. At Burger Huyser Attorneys, we specialize in family law and can provide expert guidance on spousal support and other matters related to divorce.
Our experienced legal team is here to help you understand your rights, protect your interests, and ensure a fair outcome. Contact Burger Huyser Attorneys, and book a consultation for professional and compassionate legal assistance. To speak to one of our experienced spousal maintenance lawyers in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton callÂ
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
