PVL2601
Assignment 2
Semester 2
DUE 25 August 2025
, PVL2601: Assignment 2
Semester 2
Question 1
(a) What are the common-law requirements for the duty of support between
spouses? (3)
At common law, the duty of support between spouses is reciprocal and arises
automatically from a valid marriage. The requirements are:
1. Need – The spouse claiming support must prove a financial need for
maintenance.
2. Means – The other spouse must have the financial ability to provide support.
3. Proportionality – The support obligation is measured in accordance with the
means, needs, and social standing of the parties.^1
(b) If, during the marriage, Mr Z resigns from work and/or terminates his
businesses, disposes of his assets and claims that he no longer has the means to
support Ms X, will Ms X succeed in claiming spousal maintenance on the basis
that Mr Z intentionally impoverished himself? (3)
Yes, Ms X may succeed. South African courts do not allow a spouse to intentionally
impoverish themselves to avoid their duty of support. In S v S^2 the court held that a
party cannot rely on self-created financial incapacity as a defence against maintenance.
Similarly, in Esterhuizen v Esterhuizen^3 it was established that deliberate
impoverishment does not extinguish the duty of support. Therefore, if Mr Z resigns,
disposes of assets or reduces his income in bad faith, the court may impute income to
him and still order maintenance.
(c) When does the common-law duty of support between spouses terminate? (3)
The duty of support terminates when the marriage ends, either:
Assignment 2
Semester 2
DUE 25 August 2025
, PVL2601: Assignment 2
Semester 2
Question 1
(a) What are the common-law requirements for the duty of support between
spouses? (3)
At common law, the duty of support between spouses is reciprocal and arises
automatically from a valid marriage. The requirements are:
1. Need – The spouse claiming support must prove a financial need for
maintenance.
2. Means – The other spouse must have the financial ability to provide support.
3. Proportionality – The support obligation is measured in accordance with the
means, needs, and social standing of the parties.^1
(b) If, during the marriage, Mr Z resigns from work and/or terminates his
businesses, disposes of his assets and claims that he no longer has the means to
support Ms X, will Ms X succeed in claiming spousal maintenance on the basis
that Mr Z intentionally impoverished himself? (3)
Yes, Ms X may succeed. South African courts do not allow a spouse to intentionally
impoverish themselves to avoid their duty of support. In S v S^2 the court held that a
party cannot rely on self-created financial incapacity as a defence against maintenance.
Similarly, in Esterhuizen v Esterhuizen^3 it was established that deliberate
impoverishment does not extinguish the duty of support. Therefore, if Mr Z resigns,
disposes of assets or reduces his income in bad faith, the court may impute income to
him and still order maintenance.
(c) When does the common-law duty of support between spouses terminate? (3)
The duty of support terminates when the marriage ends, either:
