What is Spousal Maintenance?
Spousal maintenance, also known as alimony or spousal support, is a legal obligation in many jurisdictions where one spouse is required to provide financial support to the other following a divorce or separation. In South Africa, the law recognizes the need for financial support between spouses under certain circumstances. Understanding who is entitled to spousal maintenance, and under what conditions, is crucial for anyone going through a separation or divorce.
At Burger Huyser Attorneys, we specialise in family law and are here to break down the essential factors that determine entitlement to spousal maintenance.
Spousal maintenance refers to the financial support provided by one spouse to the other after a divorce or separation. The purpose is to ensure that both spouses are able to maintain a standard of living similar to what they had during the marriage, especially when one spouse may have been financially dependent on the other. In South Africa, this is governed by the Divorce Act, 70 of 1979, as well as the Maintenance Act, 99 of 1998.
Who Can Claim Spousal Maintenance?
The right to claim spousal maintenance is typically determined by the following factors:
1. The Marriage or Civil Union
In South Africa, both married couples and those in civil unions can be entitled to spousal maintenance. The length of the marriage and the financial interdependence during the marriage play key roles in the decision. Couples in a marriage of long duration, particularly where one spouse was financially dependent on the other, are more likely to qualify for maintenance.
2. Financial Dependency
One of the primary factors in determining entitlement to spousal maintenance is whether one spouse was financially dependent on the other during the marriage. If one spouse was the primary earner and the other contributed mainly through household responsibilities or raising children, the non-earning spouse may be entitled to spousal support after separation or divorce.
3. The Needs of the Applicant
The spouse claiming maintenance must demonstrate a genuine need for support. This can include factors such as basic living expenses, medical costs, and any other financial needs that the spouse cannot meet without assistance. The court will assess the lifestyle enjoyed by the spouse before the divorce to ensure that maintenance helps maintain that standard of living.
4. The Ability of the Paying Spouse
The paying spouse’s ability to provide maintenance is also a crucial consideration. The court will examine their income, assets, and financial obligations to determine if they can afford to pay maintenance without causing undue hardship. The ability to support the other spouse is weighed against the financial capacity of the paying spouse.
5. The Conduct of the Parties
The court may consider the conduct of both spouses during the marriage or divorce proceedings. In cases of infidelity, abuse, or unreasonable behavior, a spouse may be less likely to be awarded spousal maintenance, especially if their actions directly led to the breakdown of the marriage.
6. The Age and Health of the Parties
The age and health of both parties will be taken into account. Older spouses, or those with health issues that limit their ability to work, may be entitled to a longer duration of spousal maintenance. In contrast, a younger spouse with the capacity to earn a living may be expected to support themselves after a reasonable transition period.
Duration of Spousal Maintenance
Spousal maintenance is not necessarily permanent. The court will typically set a specific period for support, which can vary depending on the circumstances. For example, in cases where one spouse has not worked for a long time, the maintenance may be awarded for a longer period to allow the dependent spouse to become self-sufficient.
For marriages of shorter duration, maintenance may be temporary, with the paying spouse providing support until the recipient spouse can regain financial independence. In longer marriages, or where there is a significant disparity in the spouses’ financial situations, maintenance may continue indefinitely or until either spouse’s circumstances change.
How Much Maintenance is Awarded?
The amount of spousal maintenance is determined on a case-by-case basis and varies depending on several factors. The court will consider:
- The financial needs of the spouse requesting maintenance.
- The income, assets, and obligations of the paying spouse.
- The standard of living during the marriage.
- The ability of the dependent spouse to support themselves.
In general, the goal is to provide a reasonable standard of living for the spouse receiving maintenance without imposing excessive financial strain on the paying spouse.
Spousal maintenance is a vital part of the divorce process, designed to ensure that both spouses are financially supported post-divorce in accordance with their needs and means. If you are considering divorce or separation and have questions about spousal maintenance, it is essential to seek professional legal advice to understand your rights and obligations.
At Burger Huyser Attorneys, we offer expert family law services and can guide you through the complexities of spousal maintenance. Contact us Today
Whether you are the spouse seeking support or the one being asked to provide it, we are here to ensure that your case is handled with the care and professionalism it deserves.
Contact Burger Huyser Attorneys, and book a consultation for professional and compassionate legal assistance. Let us help you secure an spousal maintenance arrangement that works for you. 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
