Asked by Al on 14-12-2021 16:05:12
Question posted in the Family Law category relating to Western Cape
My wife moved out on 23 January 2021 and has been living in a flat with her 2 kids, not mine, and supporting herself since then.We were only married for 2 years when she moved, 12 January 2022 will be 3 years.After this long period of sustaining herself and she is working for more than a year already, can she claim spousal maintenance when she files for divorce?
She used 1 of my cars on and off during this period and I wouldbuy her electricity sometimes, but never gave her money in any way.
Answer to the Question
Posted by Att. Patrick on 27-12-2021 10:22:36
Yes, she is entitled to claim maintenance from you, but the fact that she has been supporting herself for these months and that you haven't really been supporting her and the fact that she is working and young means that the chances that a court awards maintenance of any substantial amount is very very slim.
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.