When a marriage terminates after a divorce, the reciprocal duties of support which existed during the marriage come to an end.
Neither spouse has an automatic right to maintenance after divorce. However, a court granting a decree of divorce has a discretion to order one spouse to pay maintenance to the other spouse until the latter's death or re-marriage or for any other period (rehabilitative maintenance), if it deems it just to do so.
In exercising this discretion to order payment of extended maintenance, the court will consider certain factors, including but not limited to: the means of the parties, their earning capacities, their financial needs, their age, the duration of the marriage and the parties’ standard of living during the marriage.
Contact us at info@kaplans.co.za for assistance in dealing with the question of whether you could pursue a claim for spousal maintenance upon divorce.
