Yes, he can. In a marriage, the legal duty of support is reciprocal. However, a successful claim is entirely dependent on him proving a legitimate financial need for maintenance and demonstrating that you have the financial means to provide it.

The reciprocal maintenance obligation comes into effect automatically the moment a valid marriage takes place. This means both spouses have a legal duty to financially care for one another during the marriage. This duty can continue  past the dissolution of the marriage, which occurs either upon the death of a spouse or through a decree of divorce.

While a spouse can claim maintenance from a deceased estate, this article focuses specifically on claims for spousal maintenance during divorce proceedings.

Spousal maintenance is a separate legal claim from child maintenance. There are two forms of spousal support:

• Rehabilitative Maintenance: This is designed to provide the financially dependent spouse an opportunity to “get back on their feet” post-divorce. It is intended for a specific, agreed-upon period and lapses automatically once that time expires.

• Lifelong Maintenance: Unlike rehabilitative support, this is intended to be permanent. It is payable until either spouse passes away or it can be when the receiving spouse remarries. It is important to note that remarriage only terminates the obligation if it is specified in a settlement agreement or a court order. Lifelong maintenance can only be varied or discharged by a Court (High Court or Maintenance Court) if the applicant can prove good cause to justify same.

The scope of maintenance is broad. It is not limited to only monthly cash payments; it can include:

• Medical aid contributions and uncovered medical expenses.
• Vehicle instalments and insurance.
• Payment of household expenses and utilities.

In essence, any financial contribution toward a spouse’s living expenses can be classified as a maintenance contributions.

Each family and divorce is unique, and every matter is judged on its own merits. The courts generally take a more narrow approach in respect to spousal maintenance in comparison to child maintenance. Firstly it must be determined if maintenance is justified at all, and then an assessment is made on the amount needed, and the financial means available to contribute towards the need. Factors considered can include:

• Existing income and potential earning capacity of both parties.
• The age and educational qualifications of the spouses.
• The duration of the marriage and the standard of living enjoyed during it.
• Existing capital assets or assets to be divided during the divorce.
• The conduct (or misconduct) of either party during the marriage.

Both parties in a divorce action are legally obligated to make a full and frank financial disclosure to each other and the Court. This includes providing all supporting financial documentation.

While disclosing personal financial records can feel invasive, it is a legal requirement. Note that this disclosure is  not protected by POPIA in this context. Failure to provide full disclosure can lead to adverse cost orders against the non-cooperative party.

Any party to a valid marriage can institute a claim for spousal maintenance during divorce proceedings. However, the burden of proof rests on the claimant to show both a need for support and the other party’s ability to pay.

Crucially: If a claim for maintenance is not granted during the divorce, a new claim cannot be instituted post-divorce. The legal duty to support automatically lapses once the final divorce order is granted unless an order for maintenance was made part of that decree.

Please note:The information provided above is intended only to offer a basic overview of the topic and does not constitute comprehensive legal advice or a full discussion of all relevant procedures. For more detailed information or personalized advice specific to your situation, please contact us to schedule a consultation.