H v H (43860/2017) [2018] ZAGPJHC 22 (5 February 2018)

H v H (43860/2017) [2018] ZAGPJHC 22 (5 February 2018)

The court found that the applicant demonstrated a need for interim maintenance and a contribution towards legal costs. Although the respondent disputed the figures and failed to disclose his current earnings, the available tax returns and undisputed facts established that he has the means to maintain the applicant. The applicant's standard of living should be maintained at a level similar to that enjoyed during the marriage, but she must also act reasonably and avoid extravagance. The court determined that R12,500 per month for maintenance pendente lite and R10,000 as a contribution to legal costs were fair and reasonable under the circumstances.

Citation
[2018] ZAGPJHC 22
Parties
Applicant: H: Y; Respondent: H: M
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 February 2018
Case Number
43860/2017
Procedural Posture
Urgent Application / Interim Maintenance and Costs Application Pending Divorce
Outcome
Application granted in part: maintenance pendente lite and contribution to legal costs ordered.
Judges
Twala
Legal Topics
Spousal Maintenance, Contribution to Legal Costs, Interim Relief, Standard of Living, Duty of Support
Family and Children Spousal Maintenance Contribution to Legal Costs Interim Relief Standard of Living Duty of Support

Case Brief

Summary, issues, holding and outcome

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Parties

H: Y

Applicant

H: M

Respondent

Procedural Posture

Urgent Application / Interim Maintenance and Costs Application Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to spousal maintenance pendente lite.
  2. 2 Whether the applicant is entitled to a contribution towards legal costs.
  3. 3 Whether the respondent has the means and duty to maintain the applicant.

Ratio Decidendi

The court found that the applicant demonstrated a need for interim maintenance and a contribution towards legal costs. Although the respondent disputed the figures and failed to disclose his current earnings, the available tax returns and undisputed facts established that he has the means to maintain the applicant. The applicant's standard of living should be maintained at a level similar to that enjoyed during the marriage, but she must also act reasonably and avoid extravagance. The court determined that R12,500 per month for maintenance pendente lite and R10,000 as a contribution to legal costs were fair and reasonable under the circumstances.

Court Disposition

Application granted in part: maintenance pendente lite and contribution to legal costs ordered.

Orders

  • The respondent is liable to pay maintenance pendente lite to the applicant in the sum of R12,500 per month from 1 March 2018 and on the first of every succeeding month, paid directly into the applicant's bank account.
  • The respondent is liable to pay R10,000 as a contribution towards the applicant's legal costs, paid directly into the attorney's trust account within 15 days from the date of this order.