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Julies Attorneys Inc. is a full-service boutique law firm with offices in Johannesburg and Cape Town.

SPOUSAL MAINTENANCE LAWYERS IN JOHANNESBURG AND CAPE TOWN

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SPOUSAL MAINTENANCE IN SOUTH AFRICA

Spousal maintenance is defined as the legal obligation of a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child’s other parent or guardian.

In South Africa, a spouse does not have a right to spousal support, but the Divorce Act 70 of 1979 gives the court the discretion to award spousal support, depending on the spouse’s circumstances.

WHEN CAN SPOUSAL MAINTENANCE BE CLAIMED?

Spousal support, also known as spousal maintenance, can be claimed by a spouse in certain circumstances. These include situations where:

  1. One spouse is financially dependent on the other, or
  2. Where there is a significant disparity in income between the spouses.

Factors such as the marriage length, the spouses’ age and health, and the earning potential of each spouse are also considered in determining whether spousal support should be awarded.

The courts will also consider the needs and circumstances of any children of the marriage and whether the dependent spouse can support themselves.

SPOUSAL MAINTENANCE

HOW IS THE AMOUNT OF SPOUSAL SUPPORT CALCULATED?

The court will typically make an award for spousal support that is fair and reasonable, given the circumstances of the case. The court will consider factors such as the financial resources of each spouse, the standard of living during the marriage, the needs and circumstances of the dependent spouse, and the earning potential of each spouse.

Awards for spousal support can take various forms, such as:

  • Periodical payments: regular payments made to the dependent spouse monthly or on another basis.
  • Lump sum payments: a one-time payment made to the dependent spouse.
  • Property adjustment orders: the transfer of ownership or a right to occupy a property from one spouse to the other.

The court may also order that the dependent spouse’s maintenance be paid directly to the dependent spouse or that the care is paid via a maintenance officer. The court may also order a review of the maintenance order after a certain period of time.

It’s important to note that the court has the discretion to make any order that it considers just and equitable in the circumstances.

SPOUSAL MAINTENANCE

ASSESS THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE.

CONTACT JULIES ATTORNEYS INC. ON YOUR SPOUSAL MAINTENANCE CLAIMS.

Julies Attorneys Inc. consult online, telephonically or in person at our offices in Johannesburg and Cape Town.

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