A woman who is in the middle of a divorce was granted over R39 000 in spousal maintenance after she told the Gauteng High Court, Johannesburg,that she has never worked in her marriage and only completed Grade 10.
A woman who is in the middle of a divorce was granted over R39 000 in spousal maintenance after she told the Gauteng High Court, Johannesburg,that she has never worked in her marriage and only completed Grade 10.
The pair were married out of community of property with the accrual system in August 2007, and they had two children, a 12-year-old boy and an eight-year-old girl.
The wife moved out of the matrimonial home in November 2021, and the children have been primarily residing with her.
In March 2022, the husband filed for divorce.
The wife approached the High Court and filed a Rule 43 application, in which she sought interim maintenance for herself and the children pending the finalisation of their divorce.
Giving background on her financial position, she explained that she did not finish her high school education as she left school after completing Grade 10.
She has never been employed during the course of the marriage relationship.
She only got a job in February 2023 as a temporary administrator, earning R3,500 monthly.
Due to her position, she argued that she would be unable to generate income for herself and said she wanted R41 849 in monthly maintenance for herself and her children.
In his response, the husband said he is a partner in a business that produces dog food. He said the business was not financially viable because of the load shedding.
He said he already contributed a monthly maintenance of about R23 337, which included R10 000 in cash, and he cannot afford to contribute more.
Judge Portia Nkutha-Nkontwana said the maintenance claim implicates the constitutional rights of the minor children, and the father cannot be absolved of his duty to maintain because of the prejudice he claims he will suffer.
As a result, he was ordered to pay R39 548 spousal maintenance, educational expenses for the children, for extra-mural and sporting activities and medical aid.
He was further ordered to contribute R50 000 to his wife’s legal costs.
The Mercury
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