SU 4.2:
Personal
Consequences
of Marriage
NWU Faculty of Law
,Spousal maintenance
• Spousal maintenance can be claimed in four
instances: during the marriage; pending divorce;
after divorce; and after the death of a deceased
spouse (claimed against the deceased estate)
• In general, a duty of support depends on:
a) The need of support
b) The ability to support
c) The legal duty to support
• Take note: A marriage creates such a legal duty,
regardless of the matrimonial property system.
, Spousal maintenance
• Reciprocal duty of support
• Contribute pro rata according to financial “means” – upkeep
of matrimonial home
• Date of marriage until termination (death or divorce)
• Maintenance of the Surviving Spouses Act
= CONSEQUENCE of marriage (not dependent on joint
household)
= takes PRECEDENCE over the duties of support owed to a
spouse by his/her blood relations
What?
Accommodation, clothing, food, medical services and other
necessaries…
Extent of maintenance is determined by the social status of
the spouses, their respective means and income and the cost
of living.
Personal
Consequences
of Marriage
NWU Faculty of Law
,Spousal maintenance
• Spousal maintenance can be claimed in four
instances: during the marriage; pending divorce;
after divorce; and after the death of a deceased
spouse (claimed against the deceased estate)
• In general, a duty of support depends on:
a) The need of support
b) The ability to support
c) The legal duty to support
• Take note: A marriage creates such a legal duty,
regardless of the matrimonial property system.
, Spousal maintenance
• Reciprocal duty of support
• Contribute pro rata according to financial “means” – upkeep
of matrimonial home
• Date of marriage until termination (death or divorce)
• Maintenance of the Surviving Spouses Act
= CONSEQUENCE of marriage (not dependent on joint
household)
= takes PRECEDENCE over the duties of support owed to a
spouse by his/her blood relations
What?
Accommodation, clothing, food, medical services and other
necessaries…
Extent of maintenance is determined by the social status of
the spouses, their respective means and income and the cost
of living.
