Types of spousal maintenance in South Africa
In South Africa, there are four main types of spousal maintenance awarded during a divorce, each serving a specific purpose to provide financial support to the spouse in need:
Temporary Maintenance (Interim Maintenance)
📌 Purpose: This short-term maintenance is granted during the legal separation or divorce proceedings to meet the immediate financial needs of the spouse with lower income. It ensures they can maintain a reasonable standard of living while the legalities of the divorce are being settled.
📌 Duration: Temporary maintenance is typically awarded for a limited period, lasting until a final settlement is reached in the divorce, or until the spouse receiving it becomes self-supporting.
Rehabilitative Maintenance
📌 Purpose: This type of maintenance aims to assist a spouse in becoming financially independent after the divorce. It provides them with financial support for a set period to obtain education, training, or skills necessary to re-enter the workforce or improve their earning potential.
📌 Duration: Rehabilitative maintenance is fixed for a specific timeframe determined by the court, considering the spouse’s age, qualifications, and the feasibility of them achieving self-sufficiency within that period.
Permanent Maintenance (Lifelong Maintenance)
📌 Purpose: This is the least common type of maintenance and is awarded in exceptional circumstances. It provides ongoing financial support to the spouse who was financially dependent during the marriage and is unlikely to become self-supporting due to factors like age, disability, or caring for minor children full-time.
📌 Duration: Permanent maintenance continues for an indefinite period, usually until the death of either spouse or the dependent spouse remarries. However, the court can review and potentially modify the amount awarded under certain circumstances.
Token Maintenance
📌 Purpose: This is a symbolic amount awarded in rare situations. It doesn’t necessarily address financial needs but acknowledges the principle of spousal support, acting as a form of recognition for the spouse’s contributions to the marriage.
📌 Amount: Token maintenance is usually a small, fixed sum.
Determining Spousal Maintenance
The court considers several factors when deciding on the type, amount, and duration of spousal maintenance:
- ✅ Length of the marriage: Longer marriages might increase the likelihood of spousal maintenance being awarded.
- ✅ Standard of living enjoyed during the marriage: The spouse receiving maintenance is entitled to maintain a somewhat comparable standard of living to what they enjoyed during the marriage.
- ✅ Financial resources and needs of both spouses: The court considers the income, assets, and earning capacity of both parties.
- ✅ Age and health of the spouses: If one spouse has limitations due to age or health problems that hinder their ability to earn a living, it can influence the decision.
- ✅ Child custody arrangements: If children are involved, the court considers the financial responsibility of caring for them.
Importance of Legal Representation
A qualified family law lawyer can:
- ✔️ Advise you on the most appropriate type of spousal maintenance to claim based on your circumstances.
- ✔️ Help gather evidence to support your financial needs and limitations.
- ✔️ Negotiate a fair maintenance settlement agreement with your spouse.
- ✔️ Represent you in court if a contested divorce and maintenance dispute arise.
Remember
There is no automatic right to spousal maintenance in South Africa. The court awards it based on the specific circumstances of each case and the principle of ensuring a fair outcome for both parties after the marriage ends.
