Left With Nothing: What Every Woman Must Know About Spousal Maintenance

Left With Nothing: What Every Woman Must Know About Spousal Maintenance
Don’t let a divorce destroy your financial future. Know your rights. Act early. Secure stability.

Spousal maintenance isn’t automatic. Discover how to protect your financial future during divorce — and why timing is everything.

Kgahlego Mkhentane
Kgahlego Mkhentane - Legal Advisor
1 August 2025 | 3 minute read
KNOW YOUR WORTH
SPOUSAL SUPPORT IS YOUR RIGHT
Spousal Maintenance Deep Etch LT 28072025

💔 When “I Do” Becomes “You’re On Your Own”

Every year on 9 August, South Africa honours the women who marched for dignity, equality, and justice in 1956. But for many women today, the fight isn’t just political — it’s deeply personal.

When a marriage ends, some women lose more than love. They lose stability. They lose support. And without legal help, they could lose their future.

🧾 What is Spousal Maintenance?

Spousal maintenance (also known as alimony) is financial support paid to a spouse after divorce to help them rebuild or maintain a basic standard of living.

Unlike child maintenance, it’s not automatic. The court can grant it — but only if it’s requested during divorce proceedings. If you don’t ask then, there’s no second chance.

That’s why it’s critical to understand your rights before signing anything.

⚖️ Who Qualifies For Spousal Maintenance?

The court considers:

💸Current income & earning potential of both spouses

👩‍🍼Who sacrificed financially during the marriage (e.g. staying home to raise kids)

🧓Age or health conditions that affect job prospects

💍Length of the marriage

🏡Standard of living during the marriage

👶Children still in care and the costs involved

The goal? To bridge the gap between what you can earn and what you need — without putting your ex under unreasonable financial pressure.

💼 The 4 Types of Spousal Maintenance

  1. Token Maintenance
    A symbolic amount to keep the door open for future claims. Useful if needs may change due to illness, job loss, etc.
  2. Interim Maintenance
    Temporary support during divorce proceedings — for rent, school fees, groceries — especially if your ex has cut off access to funds.
  3. Rehabilitative Maintenance
    Support for a few years while you study, retrain, or look for work.
  4. Permanent Maintenance
    Rare, but sometimes granted for older, chronically ill, or long-term dependent spouses.

     

🧠 How Is It Calculated?

There’s no magic formula. Each party submits a detailed monthly budget, showing:

  • Rent, groceries, medical aid, school fees
  • Transport, communication, household essentials
  • Income now, and potential income in future

The court reviews both sides to strike a fair balance.

🧯Common Mistakes Women Make

Believing maintenance is automatic
Forgetting to include spousal maintenance in the divorce settlement
Assuming you’ll “figure it out later”
Not documenting financial dependency
Letting guilt stop you from claiming what’s fair

📣 Legal&Tax’s Commitment to Women

We know that divorce is more than a legal matter. It’s emotional, complex, and can feel overwhelming.

At Legal&Tax, we walk beside you:

💬 With expert legal advice

📄 With help to calculate fair budgets

🛡️ With guidance on how and when to claim

👩‍⚖️ With full support during settlement discussions or court proceedings

🎗️ This Women’s Month: Protect Your Worth

Equality isn’t just a word. It’s about walking away from a marriage with dignity, stability, and a fair chance to rebuild.

💡 Don’t wait until it’s too late.
Let us help you protect what matters.

With Legal&Tax, you're not alone

Spousal maintenance can be your bridge to stability. Let us help you cross it.

💬 WhatsApp: +27 (71) 526 8527 (type "AI" to start chatting) or visit www.askmyailawyer.com
☎️ Call: 0860 587 587
✉️ Email: info@legalandtax.co.za

Get In Touch

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