M v M and Another (2005/8128) [2015] ZAGPJHC 346 (27 March 2015)

M v M and Another (2005/8128) [2015] ZAGPJHC 346 (27 March 2015)

The court found that the plaintiff, after a long marriage and subsequent divorce, is currently unable to support herself due to age, unemployment, and lack of pension. Despite possessing significant assets and having received substantial cash payments, her current financial situation is precarious. The court considered the plaintiff's qualifications, unsuccessful attempts to secure employment, and her deteriorating living conditions. The first defendant is financially able to contribute to maintenance. However, the plaintiff's expenses are inflated and she must adjust her standard of living. Applying the 'clean break' principle, the court awarded rehabilitative maintenance for a limited...

Citation
[2015] ZAGPJHC 346
Parties
Plaintiff: JEM (born Davis); Defendant: DSM; Defendant: Statton, Fiona Rose
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 March 2015
Case Number
2005/8128
Procedural Posture
Civil Application / Final Judgment on Maintenance After Divorce
Outcome
Maintenance awarded to the plaintiff for a period of two years.
Judges
Windell
Legal Topics
Spousal Maintenance, Divorce Act Section 7, Rehabilitative Maintenance, Clean Break Principle
Family and Children Spousal Maintenance Divorce Act Section 7 Rehabilitative Maintenance Clean Break Principle

Case Brief

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Parties

JEM (born Davis)

Plaintiff

DSM

Defendant

Statton, Fiona Rose

Defendant

Procedural Posture

Civil Application / Final Judgment on Maintenance After Divorce

Legal Issues

  1. 1 Whether the plaintiff is entitled to spousal maintenance after divorce.
  2. 2 If maintenance is awarded, what is the appropriate quantum and duration.
  3. 3 Whether the plaintiff's current financial circumstances justify an award of maintenance.

Ratio Decidendi

The court found that the plaintiff, after a long marriage and subsequent divorce, is currently unable to support herself due to age, unemployment, and lack of pension. Despite possessing significant assets and having received substantial cash payments, her current financial situation is precarious. The court considered the plaintiff's qualifications, unsuccessful attempts to secure employment, and her deteriorating living conditions. The first defendant is financially able to contribute to maintenance. However, the plaintiff's expenses are inflated and she must adjust her standard of living. Applying the 'clean break' principle, the court awarded rehabilitative maintenance for a limited...

Court Disposition

Maintenance awarded to the plaintiff for a period of two years.

Orders

  • The first defendant is ordered to pay the plaintiff an amount of R25,000 per month from 1 April 2015, with all payments to be made before the 3rd of each month.
  • This order will automatically lapse on 31 March 2017.