Court Orders Husband to Pay R18,000 Monthly Spousal Maintenance to Estranged Wife Living with Boyfriend
Gauteng Court Rules in Favor of Wife Seeking Financial Support Amidst Strained Marriage
A Gauteng court has ordered a husband to pay his estranged wife R18,000 monthly for spousal maintenance, following allegations that she was forced to vacate their marital home and now resides in KwaZulu-Natal with her boyfriend.
The former couple, who got married in community of property in 2010 and shares two children, saw their relationship unravel amid accusations of extramarital affairs.
The wife had gone to attend her father’s funeral when the husband obtained a protection order against her.
The wife claimed that she was attending her father’s funeral when her husband obtained a protection order against her, preventing her from returning to their marital home.
Facing three criminal charges, including failure to attend court, common assault, and conspiracy to commit murder, the wife asserted that she had been staying with friends and family until she relocated to KwaZulu-Natal to join her partner.
She expressed her inability to visit her children, who now reside with their father, due to financial constraints.
In court, the wife sought R25,000 monthly spousal maintenance until their divorce is finalised, stating her need for accommodation and personal upkeep.
Additionally, she requested R300,000 for legal costs.
The husband, contending financial strain, argued against the requested amount, asserting that he could not afford such maintenance while meeting his own monthly expenses.
The legal representative for the wife argued that the husband, with a monthly income of R120,000 from his business and significant assets, could afford the requested interim maintenance.
The husband countered, stating that he relied on credit to cover his monthly expenses and that paying the requested amount would jeopardize their eldest child’s education.
What the judge had to say about the husband and wife
Acting judge Mohamed considered both arguments and emphasised the importance of preserving the wife’s dignity and financial independence.
The judge found the husband’s living expenses to be unusually high, questioning the allocation of R10,000 for food and R15,000 to service an unexplained debt.
“Of concern is that the debt he incurs are debts of the joint estate and applicant must be supported to protect her interests in that estate,” said the judge.
The judge ruled that spousal maintenance is a legal duty that must be prioritized and cannot be excused by financial difficulties.
“Her dignity must be preserved and protected particularly in the eyes of her children, whom she has nurtured over the years, she remains their mother.”
The court ordered the husband to pay his wife R18,000 monthly until the finalisation of their divorce, taking into consideration the need to protect the wife’s interests in the joint estate.
The decision seeks to balance financial responsibilities and preserve the dignity of the estranged wife during the divorce proceedings.
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