12/09/2023
Are you going through a divorce and wondering if you are entitled to spousal maintenance?
Spousal maintenance is the financial support that one spouse may have to pay to the other after a divorce, depending on the circumstances of the case. It is not an automatic right, but a discretionary order that the court may make based on various factors.
According to Section 7 (2) of the Divorce Act, 70 of 1979, some of the factors that the court will consider when deciding whether to award spousal maintenance are:
• The existing or prospective means of each spouse;
• The respective earning capacities, financial needs and obligations of each spouse;
• The age of each spouse;
• The duration of the marriage;
• The standard of living of the spouses prior to the divorce;
• The conduct of the spouses in so far as it may be relevant to the breakdown of the marriage;
• Any other factor that the court may find just and relevant;
To qualify for spousal maintenance, you will have to prove that you have a need for financial support and that your spouse has the ability to pay it. You will also have to show that your need arises from the marriage or the divorce, and that it is fair and reasonable for your spouse to contribute to your maintenance.
Spousal maintenance can be awarded for a specific period or until the death or remarriage of the spouse receiving it. It can also be varied, suspended or rescinded by the court if there is a change in circumstances.
If you need legal advice or assistance regarding spousal maintenance or any other aspect of divorce, contact Natasha Auret Attorneys today. We are a professional and experienced law firm that specializes in family matters, including divorce, child custody, property division, domestic violence, wills and estates, and more. We will guide you through the legal process with compassion and expertise, and help you achieve the best possible outcome for your case
Contact us today for a consultation:
Natasha Auret Attorneys Phone: 013 243 0284
Email: [email protected]
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