In case this forms part of your initial round of research on this topic, let’s first cover what spousal maintenance is. Spousal maintenance is separate from child maintenance in that it gets paid by one spouse to the other post-divorce. Your divorce lawyers in Durban make the case for you and the courts inevitably decide on the verdict.
Note: It is a rule of thumb in the realm of South African law that no one has the right to spousal maintenance upon divorce.
Are You Eligible For Spousal Maintenance?
Before we venture deeper into the calculation of spousal maintenance, it is good to know if you are eligible. The question of spousal maintenance arises when one spouse’s income or assets are not enough to meet their everyday need. For instance, if one partner has a much lower income than their partner or has not earned an income through some or the entire length of the marriage and are unable to immediately become financially independent.
How Is Spousal Maintenance Calculated?
In South Africa, the Divorce Act 70 of 1979 allows spousal maintenance to be ordered at the discretion of the court.
So, is there a formula for the calculation of spousal maintenance? Unfortunately, it is not that simple. While this does make things more challenging for divorce lawyers in Durban and throughout South Africa, it ensures that your case is decided on its own merit. This also prevents unfair discrimination.
The Deciding Factors
When a judge presides over the decision to order maintenance payments, they start by deciding whether one party is in need of support and if the other is able to compensate. The courts will consider the following:
- The parties’ standard of living
- The duration of the marriage
- The age of the party seeking maintenance
- The existing and prospective means
- The respective financial needs and obligations and earning capacities
- The conduct of the other party that caused the end of the nuptials
- Any other factors deemed relevant to the court
Are you looking for a divorce lawyer in Durban? Contact The Law Offices of Karen Olivier, we have a team of expert attorneys equipped to support you. We will ensure that one of our lawyers assist with your case and/or provide advice.
