1. What is Spousal Maintenance in South Africa?

Spousal maintenance is financial support paid by one spouse to another after divorce or separation in South Africa. It's designed to help the lower-earning spouse maintain a standard of living similar to that during the marriage.

2. How Maintenance is Calculated

The basic calculation considers:

Where:

• Income Needs - The reasonable monthly expenses needed to maintain a standard of living
• Income - The receiving spouse's own income and earning capacity

Note: South African courts consider many factors beyond this simple calculation, including assets, duration of marriage, age, and health of both parties.

3. Factors Considered in Maintenance

Details: South African courts consider:

• Existing standard of living during marriage
• Age and health of both parties
• Duration of the marriage
• Each spouse's earning capacity and assets
• Child care responsibilities
• Any other relevant factors

4. Using the Calculator

Tips:

• Enter the reasonable monthly income needs (in ZAR)
• Enter the receiving spouse's monthly income (in ZAR)
• The calculator provides a basic estimate - actual court orders may differ

5. Frequently Asked Questions (FAQ)

Q1: Is maintenance always awarded in South Africa?
A: No, maintenance depends on need and ability to pay. The court decides based on the circumstances.

Q2: How long does spousal maintenance last?
A: It varies - could be temporary (rehabilitative) or permanent, depending on factors like marriage duration and age.

Q3: Can maintenance orders be changed?
A: Yes, if circumstances change significantly (e.g., job loss, remarriage), either party can apply for variation.

Q4: What if the paying spouse refuses to pay?
A: The court can enforce payment through garnishee orders or other legal means.

Q5: Does cohabitation affect maintenance?
A: Yes, if the receiving spouse remarries or cohabits with a new partner, maintenance may be reduced or terminated.