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Question
Posted by: Carol | 2010/02/02

SPOUSAL MAINTENANCE

On what grounds/motivation can a wife (soon to be ex) claim spousal maintenance. She is currently workin.

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Our expert says:
Expert ImageFamily law expert

There is no automatic right to spousal maintenance after a divorce. Entitlement to maintenance must first be shown before a court can determine the quantum and duration thereof.

The reciprocal duty of support between spouses terminates upon divorce. The court may consider the following factors before making a spousal maintenance order:

- the means of each of the spouses;

- their earning capacities, financial needs and obligations;

- age of spouse;

- duration of the marriage;

- the standard of living to which the spouse is accustomed;

- their conduct regarding the breakdown of the marriage;

- other relevant factors.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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2
Our users say:
Posted by: G-Dad | 2010/02/02

Depending on the merit of the case and how much she earn as well as how much he earn, in most cases only an interim alimony is granted by the courts and in most cases the wife was a house wife, or need to start from scratch, it is very rare that you will get alimony after the divorce has been finalized, if you work and earn a similar income then I doubt that you will get alimony order granted.

My ex claimed maintenance on her behalf because she was a housewife, I paid her R700 per month and the courts noted it on the interim order(rule-43), as soon as I had proof that she earned an income I asked the courts to stop it on a rule-43(6) which was granted, meaning that she did not get maintenance until the divorce date or after.

Reply to G-Dad
Posted by: Family law expert | 2010/02/02

There is no automatic right to spousal maintenance after a divorce. Entitlement to maintenance must first be shown before a court can determine the quantum and duration thereof.

The reciprocal duty of support between spouses terminates upon divorce. The court may consider the following factors before making a spousal maintenance order:

- the means of each of the spouses;

- their earning capacities, financial needs and obligations;

- age of spouse;

- duration of the marriage;

- the standard of living to which the spouse is accustomed;

- their conduct regarding the breakdown of the marriage;

- other relevant factors.

Bertus Preller
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to Family law expert

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