My husband is divorced and pays rehabili...

Asked by Laurike on 12-08-2015 15:08:31
Question posted in the Divorce Law category relating to Gauteng
Question value: R 250.00

My husband is divorced and pays rehabilitating maintenance for his ex. This expires when she gets married or enters a cohabitation relationship which her and her friend planned to do from September. He already gave up his home, kids were informed, they bought a guest house together, he spends most of the time there. When they found out that the maintenance towards her will expire they informed my husband that they are not moving in together anymore. Is their relationship not already cohabitation if you consider all the points above. What if he sleeps at his son one night a week and the rest of the week at her house - can they claim that they are not cohabitating? All his clothes etc are moved into the house. What are the grounds for this? Does my husband have grounds to take her on, or decrease the maintenance towards her?

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Answer to the Question

Posted by Att. Patrick on 12-08-2015 15:59:34
Hi there and thank you for your question,

If you were to ask, where does that man spend most of his time, or where would he consider that he lives, and the answer is at her place, then YES, they are cohabiting together and the rehabilitating maintenance payments should stop - especially if he has given up his house.

They could CLAIM that they are not residing together, but the court will need some form of proof. Maybe a private investigator to track where he sleeps for 10 nights in a row, and then make an affidavit setting that out?  That would be evidence for any court case.

Your husband definitely has grounds to stop paying rehabilitating maintenance.

Surely your husband should write a letter to the ex saying that he understands that she is now residing with another man, and that accordingly he is going to stop paying rehabilitating maintenance. Then, your husband should apply to the court where the original maintenance order was granted to vary the order, or discharge it. Basically, place evidence before the court that she is living with another man and in terms of the original order he could stop paying the rehabilitating maintenance.

He could take a risk and simply stop paying it, but my concern there is that the ex will have a warrant of execution issued by the court and have his assets attached.

Your husband should rarther go on the attack and apply for the order to be varied.

You should be aware that the ex will come to court and lie.  You'll need some evidence to counter this ... and that's why I suggested the private investigator?!

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Att. Patrick

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