19/10/2026
The Domestic Violence Act recognises financial abuse as a form of domestic violence, and it is more common than most people realise.
Financial abuse includes: controlling access to money, preventing a partner from working, running up debt in their name, withholding money for basic necessities, and using finances as a tool of power and control. One in eight South African women over 18 has experienced it.
So what does the law say?
Financial abuse can be included in a protection order application, it is grounds for court intervention in the same way physical violence is.
In divorce proceedings, a history of financial abuse is legally relevant. Courts consider the circumstances of the marriage when making orders about asset division, maintenance and financial support. A spouse who has been financially controlled and isolated may have limited resources, limited employment history, and limited financial independence, and the law takes this into account.
Spousal maintenance:
You have the right to apply for interim maintenance during divorce proceedings, so that financial dependence on an abuser does not trap you in the process of leaving.
Marital regime matters:
Whether you are married in or out of community of property significantly affects your financial rights on exit. If you are unsure of your marital regime, or were never given a clear picture of your finances during the marriage, legal advice is the place to start. Get in touch with us today: 031 303 2476
GBV Command Centre: 0800 428 428