Top Spousal Maintenance Law Firm in Johannesburg

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Otrebski Spousal Maintenance Attorneys

What is the Meaning of Spousal Maintenance in South African Law?

  • Agreed upon between the parties in a settlement agreement, or
  • Ordered by the court, based on the specific circumstances of the case.
Spousal maintenance, also known as alimony, is the financial support one spouse may be required to provide to the other after separation or divorce. It is designed to ensure that a financially dependent spouse is not left without means of support when the marriage ends. It is important to note that spousal maintenance is not automatic. Neither spouse has an inherent right to maintenance upon divorce.

Instead, maintenance is either:
At Otrebski Attorneys, we provide expert legal guidance to help you negotiate or apply for spousal maintenance, whether on an interim basis (before divorce is finalised) or as part of a divorce settlement.

What Are Rule 43 Applications (Interim Spousal Maintenance)?

While a divorce is still pending, a spouse may apply for temporary (interim) maintenance under Rule 43 of the High Court Rules or Rule 58 in the Magistrate’s Court. Rule 43 ensures that dependent spouses and children are supported during lengthy divorce proceedings.
Otrebski Attorneys is highly experienced in preparing and opposing these applications. This urgent application can provide: spousal and child maintenance, custody and access arrangements, and, a contribution to legal costs.
Spousal SUPPORT & THE LAW

Key Aspects of Spousal Maintenance in South Africa

Spousal Maintenance Law
  • Not Automatic – Neither spouse is automatically entitled to maintenance upon divorce. The court considers the case on its merits.
  • Agreement or Court Order – Maintenance can be arranged through a settlement agreement between spouses or awarded by a court order.
  • Section 7 of the Divorce Act, 70 of 1979 – This legislation governs maintenance after divorce. Section 7(1) covers agreements between spouses, while Section 7(2) gives courts the discretion to order maintenance.
  • Factors Considered by the Court – Judges look at the spouses’ financial means, earning capacities, needs, the length of the marriage, the marital standard of living, and in some cases, misconduct that caused the marriage to break down.
  • Maintenance of Surviving Spouses Act – This Act applies when one spouse passes away. It allows the surviving spouse to claim maintenance from the deceased’s estate, taking into account the estate’s value, the survivor’s needs, and the marital lifestyle.
  • Documentary Evidence – Applicants must provide detailed financial proof such as bank statements, income records, lists of assets and liabilities, and monthly expense schedules.
  • Legal Representation – Skilled legal guidance is crucial, whether you are applying for maintenance, opposing a claim, or negotiating a settlement. Otrebski Attorneys ensures that your rights and interests are fully protected.
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SPOUSAL MAINTENANCE APPLICATIONS

Documents Required to Apply for Spousal Maintenance

To prepare a strong application, Otrebski Attorneys will typically require:

Certificates

Marriage Certificate; Birth certificates of children (if child maintenance is included)

Financial Documents

Bank statements; Monthly expenses and budget breakdown; Proof of income (salary slips, business records, etc.)

Other Documents

Identity document; Asset and liability schedules; Any prior settlement agreements.

What Are the Requirements to Qualify for Spousal Maintenance?

To qualify for spousal maintenance, an applicant must demonstrate financial need and an inability to fully support themselves. The court will assess various factors, including the income and earning capacity of both spouses, their financial needs and responsibilities, and the duration of the marriage. Consideration is also given to the standard of living enjoyed during the marriage, the age and health of the applicant spouse, and any relevant agreements, such as antenuptial contracts.

How and When to Apply for Spousal Maintenance?

Spousal maintenance can be claimed at different stages. Before divorce, it may be sought through an interim Rule 43 or Rule 58 application. During divorce, maintenance can be included as part of the main divorce proceedings. In certain circumstances, a spouse may also apply for maintenance after the divorce has been finalised.
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Starting Your Legal Journey With Otrebski Spousal Maintenance Attorneys

We understand that spousal maintenance cases can be complex and emotionally charged. Our law firm follows a clear, structured process that ensures your financial rights are properly secured.

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Consult With A Top SPOUSAL MAINTENANCE Law Firm In Johannesburg

Our step-by-step approach ensures that you feel supported from your first consultation to the final resolution.
  • Consultation
  • Assessment
  • Strategy
  • Action
  • Resolution
Otrebski Attorneys combines extensive experience, in-depth legal knowledge, and years of proven practice.
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