Our expert says:
Family 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.
Family Law Attorney
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