Understanding spousal maintenance law in South Africa is very important. Because divorce and separation is common in today’s world. Many want to know how to claim maintenance payments from a husband or wife or ex-partner.
The following looks at these points on spousal maintenance in South Africa:
- What is spousal maintenance?
- Spousal maintenance process
- How much maintenance gets paid?
- When do payments end?
- Can payments increase or decrease?
This may also interest you: 3 Tips to Get Regular Maintenance Payments from your Ex
Many couples separate or get divorced after a few years. So the laws and rules regarding separation and divorce. And the splitting up of the couple’s assets, spousal maintenance law and child maintenance law are important.
It is essential that everything is handled fairly and that all factors and circumstances are taken into consideration.
What is spousal maintenance in South Africa?
Spousal maintenance is the duty by one partner to provide financial support for living expenses to his or her wife or husband (or ex-wife or ex-husband).
A spouse or ex-spouse qualifies for a spousal maintenance claim when:
He or she is unable to cover his or her reasonable living costs with his or her own personal income.
The process of Spousal Maintenance in South Africa
When a couple decides to split up permanently, one of the two will usually file for divorce.
The couple or their lawyers will then sort through everything the couple owns and decide who gets what.
Then there will be the issue of spousal maintenance. If one spouse has been earning the major portion of the income, they might have to pay spousal maintenance to the other partner. To help pay his or her living expenses.
Spousal maintenance may be paid for a short period of time. For example for two years while the lower earning spouse adapts to paying all his or her costs or retrains for a job. Or it may be a lifelong commitment.
In order to prove that one spouse needs spousal maintenance for life, he or she must show that the other spouse was the breadwinner. And that he or she will not be able to earn the same money.
Other factors like who the children live with. And the circumstances and behavior of each spouse that led to the separation will be taken into consideration.
How Much Maintenance is Paid?
The amount of spousal maintenance to pay depends on:
a) The needs of the spouse receiving maintenance.
b) How much the spouse providing maintenance can afford.
Is it automatic?
Spousal maintenance is not automatically given or received. A court must first take into consideration the following:
- The needs of both parties
- Their income
- Their age
- The parties capacity to work
- The length of time they were married
- If there are children
- Conduct of both parties in the breakdown of the marriage
There are many other factors, specific to each case, which the court will consider before making a decision. About whether spousal maintenance is necessary and how much should be paid.
For life-long maintenance to be paid, a spouse must convince the court that his or her spouse was the sole breadwinner.
When do the payments end?
The spousal maintenance payments on life-long maintenance can only stop when the party receiving them dies or re-marries. If they begin a new relationship, payments must still continue.
In some cases, the court will decide on spousal maintenance for a period of time only. To help one party adjust to providing for his or herself. The maintenance payments would then end after the agreed period of time.
Can the payments increase or decrease?
You can apply for an increase or decrease in the payments. A court in South Africa will decide whether or not to grant your request on several different factors.
What else is included?
Spousal maintenance does not have to be limited to a financial payment from one party to the other. It can also include:
a) Medical aid
The party providing financial support might need to keep the other party as a dependent on his or her medical aid and pay the premiums.
b) Pension fund
The party providing support may also be required to share his or her pension with the other party.
It is also imperative that after doing your research about spousal maintenance claims you contact a legal service provider.
A lawyer will be able to assess your specific situation and tell you what you will be likely to receive or have to give.
Contact a reputable firm to make sure that you and your financial future are in good hands.
Further information is on the Department of Justice and Constitutional Development website.
To Summarize
A divorce or separation is a difficult, emotional experience and adding financial worry to it could make it unbearable.
Make sure that you are completely aware of your rights and obligations. And that you stick to the rules to prevent an even more difficult situation.
Knowing how a spousal maintenance claim works in South Africa could save you further problems.
It is always a good idea to keep communication as open as possible and to be as amicable as possible. It is even more imperative to strive for good relations if you have children together.
Good relations between you and your spouse will help to make sure that your journey from separation or divorce is as smooth as possible.