J v J (36660/2018) [2019] ZAGPPHC 940 (28 October 2019)

J v J (36660/2018) [2019] ZAGPPHC 940 (28 October 2019)

The court found that the defendant established a need for maintenance due to her psychiatric conditions and alcohol abuse, which currently render her unable to secure employment. However, her inability to work is largely attributable to her own conduct, specifically her persistent alcohol abuse and refusal to seek help, despite opportunities provided by her employer and the plaintiff. The defendant is relatively young, has prospects of employment if she addresses her alcohol problem, and the marriage was not of exceptional duration. The plaintiff bears sole responsibility for the minor children and has already contributed significantly to the defendant's rehabilitation. Permanent...

Citation
[2019] ZAGPPHC 940
Parties
Plaintiff: J; Defendant: J
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 October 2019
Case Number
36660/2018
Procedural Posture
Divorce Action / Final Judgment After Trial
Outcome
Maintenance awarded to the defendant for a limited period; costs to be borne individually by each party.
Judges
A.C Basson
Legal Topics
Spousal Maintenance, Divorce Act Section 7, Quantum and Duration of Maintenance, Conduct and Fault in Maintenance, Rehabilitative Maintenance, Parental Responsibilities and Rights
Family and Children Spousal Maintenance Divorce Act Section 7 Quantum and Duration of Maintenance Conduct and Fault in Maintenance Rehabilitative Maintenance Parental Responsibilities and Rights

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Parties

J

Plaintiff

J

Defendant

Procedural Posture

Divorce Action / Final Judgment After Trial

Legal Issues

  1. 1 Is the defendant entitled to spousal maintenance after divorce, and if so, what quantum and duration are just.
  2. 2 Should the defendant's conduct, including alcohol abuse and extra-marital affairs, affect her entitlement to maintenance.
  3. 3 What is the appropriate order regarding costs in light of the parties' conduct during litigation.

Ratio Decidendi

The court found that the defendant established a need for maintenance due to her psychiatric conditions and alcohol abuse, which currently render her unable to secure employment. However, her inability to work is largely attributable to her own conduct, specifically her persistent alcohol abuse and refusal to seek help, despite opportunities provided by her employer and the plaintiff. The defendant is relatively young, has prospects of employment if she addresses her alcohol problem, and the marriage was not of exceptional duration. The plaintiff bears sole responsibility for the minor children and has already contributed significantly to the defendant's rehabilitation. Permanent...

Court Disposition

Maintenance awarded to the defendant for a limited period; costs to be borne individually by each party.

Orders

  • The plaintiff is ordered to pay the defendant maintenance in the amount of R7,500.00 per month for a period of two years from the date of this order, payable on or before the 1st day of each month.
  • The plaintiff is ordered to retain the defendant, for a period of two years from the date of this order, on his medical aid fund and to bear the costs of all reasonable expenditure in respect of medical, dental, surgical, hospital, orthodontic, and ophthalmological treatment needed by the defendant and not covered...