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I am married ANC without accrual. We only got married in March

of this year. She now...
I am married ANC without accrual. We only got married in March of this year. She now wants to leave the house and claims that she will be approaching the maintenance court for Maintenance. Should we actually get divorced and our unborn child is born I will be happy to pay Maintenence - but does she have a valid interim claim for spousal maintenance ?
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Answered in 10 minutes by:
9/29/2013
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

Spousal maintenance is not an automatic claim as child maintenance would be. The person claiming spousal maintenance must prove that he/she is entitled to spousal maintenance. A spouse claiming maintenance must, therefore, put forward reasons on why such a spouse is entitled to maintenance. The court will take into account these factors and make a decision.

Factors may include existing and prospective earning capacities of both spouses, affordability, the ages of the spouses, how long they were married and how much each spouse contributed to the day to day household, standard of living prior to the divorce, the reason for the divorce, if the spouse claiming maintenance did not work, why he/she did not work and any other factor that the court deems relevant.

Given the extremely short term of the marriage, I doubt that she will succeed with a claim for spousal support.

I am not sure what else I can advise you on, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
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Customer reply replied 4 years ago

Okay understood - I forgot to mention that she left her previous job to be with me on her own accord and that she came into the marriage with over R 140 000 worth of debt which I took over for her as to prevent her from getting blaclisted. Would this count in my favour ? and additionally can she apply for this maintenence prior to the official divorce as I do not plan to just sign the divorce papers, as I believe her reasons and headspace is completely incorrect. My counterclaim is naturally that I believe she was a gold digger and as soon as I settled her last debt everything went pear shaped. Do you think all of the above would count for anything in my favour. I know there is a couple of questions here but would appreciate your opinion.


 


Thanks a lot

I believe it would.

She can apply for spousal maintenance before the divorce yes, though a Rule 43 application. That still does not mean that it will be granted, though.
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Customer reply replied 4 years ago


Will she have to get a lawyer or can she approach the maintenance court directly ?

Customer reply replied 4 years ago
Relist: Answer came too late.
She would be able to approach the court in person or use an attorney. But that is her only options. Representing herself or being represented by an attorney. No one else would be allowed to represent her.
WCLawyer
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