There is no automatic right to spousal maintenance after divorce. A case of entitlement to maintenance must be established by the party seeking maintenance before a court will determine the quantum or duration of such claimed maintenance.
The claimant spouse must establish a marital lifestyle in which she (or in some cases, he) is entitled to be maintained post divorce.
It is unlikely that a claim for lifetime maintenance will be entertained by the court unless it is proved that the other party was the sole breadwinner and had got the claimant used to a certain standard of living during the course of the marriage.
Very often one party is ordered to pay the other party maintenance for one or two years after divorce as "rehabilitative maintenance" aimed at assisting the party until she (or certainly, he) is able to establish herself (or himself) in the marketplace.
In considering spousal maintenance the courts will consider such factors as the duration of the marriage, ages and respective qualifications of the parties.
In mediation , issues such as spousal maintenance can be addressed around the table, and settled on a principle-centred basis, rather than leaving them to chance or to the court's discretion which most often ends up in a win-lose situation.
If there are any specific issues around divorce, dear reader, that you would like to read about, please drop me a line and I will attempt to meet your need. Either leave a comment below, or contact me direct on 0845204348 or sheena@mwebbiz.co.za.
Until next time!!!
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