Who is entitled to spousal maintenance?

Spousal maintenance is income payable by one spouse or former spouse to the other, in their own right and in addition to any child maintenance. It is often one of the first topics people want advice on and unsurprisingly it is very often a problematic issue in divorce and dissolution cases.

What does spousal maintenance cover?

Spousal maintenance is a payment that’s paid by a wife or husband to their former spouse as part of their divorce. Usually, it is paid every month and it can last for either a defined period or, in increasingly rare cases, for the rest of your former spouses’ life. The latter is known as a “joint lives order.”

How does spousal maintenance work in South Africa?

Neither spouse is automatically entitled to spousal maintenance on divorce. Our law favours the ‘clean break’ principle, which basically means that after a divorce the parties should become economically independent of each other as soon as possible. The executor of the estate has a duty to pay the maintenance.

What am I entitled to if I separate from my husband?

If you’re married or in a civil partnership you can ask for financial support from your ex-partner as soon as you separate. This is known as ‘spousal maintenance’ and is a regular payment to help you pay bills and other living costs. You can’t get spousal maintenance if you weren’t married or in a civil partnership.

What is my wife entitled to after separation?

The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender.

How long does spousal maintenance last?

There are no limits to how long a spousal maintenance order can last. The Court has wide powers when making orders for spousal maintenance but will often specify a finite period of time during which the Order has effect.

How much maintenance should a wife get?

The Supreme Court has set a bench of 25% of the husband’s net salary to be paid as alimony to the estranged wife. The Court said 25% is a “just and proper” amount for alimony as husband might have to take care of the needs of his family, if he has remarried.

How can I take maintenance from my husband?

You can claim maintenance from your husband by filing petition for maintenance under section 125 Cr P C in family court or under Provisions of Domestic Violence Act or by both simultaneously.