Spousal Maintenance After Divorce in South Africa

First of all, there is no law in South Africa that automatically grants spousal maintenance after a divorce. Rather, the law permits the court to decide on spousal maintenance based on the specific circumstances of the case, under the Divorce Act, 70 of 1979. This means spousal maintenance is not a right—it must be requested and justified by the spouse seeking it.

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When Are You Liable for Spousal Maintenance?

If you divorce your spouse, and you are the financially stronger party, you may be liable for the following types of maintenance:

1. Rehabilitative Maintenance:
   This is temporary support provided to help the financially weaker spouse become self-sufficient, such as paying for education or job training.
2. Permanent Maintenance:
   In rare cases, permanent maintenance is awarded, especially if the dependent spouse cannot work due to age, health, or lack of skills.
3. Interim Maintenance (Rule 43 or Rule 58 Applications):
   While divorce proceedings are ongoing, the court can order one spouse to provide financial support for the other’s immediate needs.

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What the Law Allows for the Non-Paying Spouse

However, the law is not totally against you. If you are ordered to pay maintenance, you can still:

• Negotiate the Terms: Maintenance agreements can be adjusted based on your financial capacity.
• Terminate Maintenance Payments: Payments may end if the receiving spouse remarries or becomes financially independent.
• Apply for a Reduction: If your financial situation worsens, you can request a court review to lower the maintenance amount.

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Complications of Spousal Maintenance After Divorce

Spousal maintenance after divorce often comes with complications such as disputes over the amount and duration of payments. In many cases, the paying spouse argues that the receiving spouse is capable of earning an income, while the receiving spouse claims their dependency is justified. Emotional resentment also plays a role, as maintenance payments can prolong feelings of bitterness and unresolved conflict between ex-spouses.

Enforcement of maintenance orders is another challenge, especially if the paying spouse becomes unemployed or intentionally hides assets. In some cases, the receiving spouse must approach the court repeatedly to ensure compliance, leading to further legal costs.

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What Lawyers Advise

Lawyers always advise couples to sign an antenuptial contract to protect themselves against spousal maintenance claims after divorce. This document clearly outlines the financial responsibilities of each party, reducing the likelihood of disputes.

But let’s be honest—when love blinds you, these survival tricks often take a back seat. Many people believe their love will last forever, only to realise later how critical it was to secure their financial independence from the start.

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Final Thought

Spousal maintenance is a complex and emotionally charged issue, but South African courts aim to strike a balance between fairness and necessity. If you’re entering or leaving a marriage, consulting a lawyer is essential to ensure you’re financially protected while navigating this sensitive area of the law.