Landmark High Court ruling awards housewife 40% of husband's estate after 30-year marriage

A GROUNDBREAKING Pietermaritzburg High Court ruling has awarded a wife, 40% of her husband's estate plus R20,000 monthly maintenance, recognising her 30 years of unpaid domestic work and business support.

The case offers hope to South African women who sacrifice careers for family responsibilities.

The case has resonated with women as it underscores the contributions that often go unrecognised in marriages. 

During the case, the wife (58), told the court that although she assisted her husband (70)  in his business, looked after his two children from another marriage, and did whatever she could for him, he never gave her access to cash as he said he would provide for her.

She said she was struggling to make ends meet as it was not easy to find a job at her age. 

The woman testified that she started working for him as a receptionist at age 18 after she completed Standard 8. She worked from 1987 to 1990. He was married at the time. They went on their first date while he was married and he started divorce proceedings against his first wife.

He thereafter moved into a property in Bryanston, Johannesburg, and she moved in with him in 1993. She thereafter lived permanently with him until she left the matrimonial home in 2023. 

The woman said he did not give her a specific amount as wages, but he gave her cash to pay for the electricity and water and the use of a motor vehicle.

She said they were together 24 hours a day, seven days a week, as they were together at work and at home. 

The woman said she cared for his children while they lived with them, cooked, washed, did the laundry, ironed and cleaned. She supported his hobbies even though she had no time for her own hobbies.

After she left him in June 2023, she moved to a property that belonged to them in Leisure Bay. He then sold the property in 2024, and when she took some furniture from the house, he laid criminal charges of theft against her. The prosecutor refused to proceed with the charges. 

She further testified that she was assaulted and that he consumed alcohol in excess.

The husband defended the allegations, calling them untrue. 

In his testimony, he agreed that she did normal things as a wife would do but they had full-time servants. He said she made him coffee, poured him whisky, and mend garments when necessary.

In his judgment, Judge PC Bezuidenhout, said: “When asked if there is any reason why she would not get anything out of the marriage, he stated that he explained to her that she had to work and ensure a pension. In 2013, she wanted to contribute and then commenced making certain payments. He gave her a sum of R400 700 in total and that has to be taken into account in the distribution of the estate. He told the court if she had followed his advice, she would have had money. He submitted that the possibility of the clean break principle between the parties should be considered. 

“She attended to the household over all the years of their marriage plus a term of approximately six years before marriage where they lived together as husband and wife, and during which period she looked after his minor child and did things such as washing and cooking and maintenance, and giving instruction to servants and workers to maintain and repair the matrimonial home. 

“When there were difficult times, she went to the extent of selling bottles to obtain cigarettes for him. She spent the prime period of her life being with him all the time.

“In this case it is clear she also made various financial contributions and sacrifices. It is difficult to understand on what basis after being together for 30 years as set out above, he expects her to just walk away from the marriage with nothing and then still seek a cost order on an attorney and client scale.

“A redistribution of 40% of the net value of his estate appears appropriate taking into account all the relevant factors and the contributions which she had made."

The husband was ordered to pay the wife 40% of his net value within three months and R20 000 a month for 12 months. The wife could also retain a property that belonged to the husband.

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