Rehabilitative Maintenance During a Divorce
The term “rehabilitative maintenance” was coined to deal with situations where a maintenance order is set for a limited period of time before a divorce is finalised. Section 7(2) of the Divorce Act is the piece of legislaton that deals with the payment of maintenance in these situations, i.e before a settlement agreement has been reached. Section 7(2) sets out in broad terms how maintenance will be paid. To decide this, the court takes into account the following criteria about the divorcing couple: Their existing or prospective financial means Their respective earning capacities Their...
Read MoreRule 43: Paying Interim Maintenance During a Divorce
When a marriage disintegrates, the spouse who has been the homemaker and caregiver often finds themself without a source of income. Statistically speaking this is usually the wife and they then have to try and provide for their own financial needs, as well as those of any children from the marriage. The Supreme Court Act 59 of 1959 contains certain rules governing this issue. One of these is Rule 43, which applies when a couple are divorcing and a spouse requires interim maintenance. This may be for herself or himself and/or any children born during the marriage. This maintenance covers the...
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