Spousal Support Act
In South Africa, there isn’t a specific law called the “Spousal Support Act.” However, spousal support, also known as alimony or spousal maintenance, is addressed within the legal framework of divorce settlements. Here’s a breakdown of the relevant legislation:
Key Legislation
- ✅ Divorce Act (Act No. 70 of 1979): This act forms the foundation for divorce proceedings in South Africa. Section 7 of this act deals with the division of assets and spousal maintenance orders. It outlines the court’s authority to consider spousal support when issuing a divorce decree.
How Spousal Maintenance is Determined
The Divorce Act doesn’t dictate a specific formula for awarding spousal maintenance. Instead, the court considers various factors outlined in case law and legal principles to determine the following:
- ✅ Whether to award spousal maintenance: There’s no automatic right to spousal support. The court considers the specific circumstances of each case.
- ✅ Amount of spousal maintenance (if awarded): The amount is determined based on factors like the financial needs of the disadvantaged spouse, the paying spouse’s financial ability, the length of the marriage, the standard of living enjoyed during the marriage, and the contributions of each spouse.
Additional Resources
- ✅ Maintenance of Surviving Spouses Act (Act No. 27 of 1990): This act deals with a surviving spouse’s right to claim maintenance from the deceased spouse’s estate, although it’s not directly related to spousal support after divorce.
Seeking Legal Help
A lawyer specializing in family law can provide specific guidance on your situation regarding spousal maintenance. They can advise on the likelihood of being awarded support, the factors influencing the amount, and the legal process for negotiating a settlement or applying for a court order.
