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Question
Posted by: Paul | 2010/06/07

Maintenance

My wife of 15 years has not worked for 10 years. What is an acceptable period for paying rehabilitative maintenance ? She is 41.

Also, when working out the actual costs of the kids, I will pay there medical, food, clothes and school fees. Once she finds work, do I have to also pay maintenance for the kids for their share of electricity, petrol, maid, phone etc or not ?

Thanks

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Our expert says:
Expert ImageFamily law expert

The meaning of 'rehabilitation' was that the spouse who had been disadvantaged or disabled in some way by the marriage was enabled, through training or therapy or other opportunities, to be restored either to the economic position vis-à-vis employment which she occupied prior to the marriage, or to be reintroduced to the ability to participate effectively and profitably in normal economic life. It is an accepted principle of South African law that neither spouse has a right to maintenance upon divorce. See Strauss v Strauss 1974 (3) SA 79 (A) and it will depend on a number of factors such as (1) the parties' respective earning capacities, (2) their ages and the duration of the marriage, and (3) any other factor. The parties' respective earning capacities are particularly important in the Court's determination of whether a wife will be entitled to rehabilitative maintenance.

Bertus Preller
Family Law Attorney
KWJ Inc.
bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/06/19

The meaning of 'rehabilitation' was that the spouse who had been disadvantaged or disabled in some way by the marriage was enabled, through training or therapy or other opportunities, to be restored either to the economic position vis-à-vis employment which she occupied prior to the marriage, or to be reintroduced to the ability to participate effectively and profitably in normal economic life. It is an accepted principle of South African law that neither spouse has a right to maintenance upon divorce. See Strauss v Strauss 1974 (3) SA 79 (A) and it will depend on a number of factors such as (1) the parties' respective earning capacities, (2) their ages and the duration of the marriage, and (3) any other factor. The parties' respective earning capacities are particularly important in the Court's determination of whether a wife will be entitled to rehabilitative maintenance.

Bertus Preller
Family Law Attorney
KWJ Inc.
bertus@divorceattorney.co.za

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