Why spousal and child maintenance can continue long after a relationship ends and why hiding money from the court could backfire
By Mapaballo Borotho
Many people believe that spousal maintenance simply means a man paying money to his former wife or partner after a divorce. However, the law makes it clear that either spouse can be required to pay maintenance depending on their financial circumstances.
Legal expert Nthabiseng Dubazane says the courts focus on the financial position of both parties when deciding whether spousal maintenance should be paid.
“What people don’t always realise is that during divorce proceedings both parties are required to submit a Financial Disclosure Affidavit (FDA). If someone only provides part of their financial statements or attempts to hide income or assets, experts can detect that the information has been tampered with,” she explained.
Dubazane warns that dishonesty about finances can have serious consequences.
“If the court discovers that you tried to hide assets or misrepresent your financial status, you could end up being ordered to pay even more. It is always better to be transparent about your finances.”
What happens if you are married out of community of property?
According to the Matrimonial Property Act, the law regulates marriages both in and out of community of property.
The act states that spouses married out of community of property are still required to contribute to the necessities of the joint household in proportion to their financial means.
Dubazane explains that spousal maintenance can sometimes extend beyond direct support for a partner. For example, if a spouse had been financially supporting their partner’s cousin, they would have to continue providing that financial means beyond the divorce.
Child maintenance
Disputes often become more complicated when children are involved. However, courts have repeatedly emphasised that parents should not draw children into their disputes during a separation or divorce.
A parent who has historically contributed financially to a child’s upbringing will generally still be expected to continue doing so during and after the separation.
“When parents are still fighting over assets during divorce proceedings, they can apply for what is called interim maintenance. The court still needs to see the financial status of both parties, particularly the one with greater financial means,” said Dubazane.
She added that interim maintenance is not limited to financial support alone and may also include arrangements relating to primary care and access to the child.
Dubazane urged parents to avoid using their children as weapons during maintenance disputes.
“It does not matter how old the children are. Please do not poison your children’s minds when you are in a maintenance battle. There is no need to be spiteful toward each other, the court will always prioritise the best interests of the child.”
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