My wife moved out on 23 January 2021 and...

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.

Message from the Lawyer

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.

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