V. N. v V. N (4487/2016) [2017] ZAECPEHC 16 (21 February 2017)

V. N. v V. N (4487/2016) [2017] ZAECPEHC 16 (21 February 2017)

The court found that the applicant, having been married for twenty-six years and accustomed to a high standard of living due to the respondent's generosity, is entitled to maintenance pendente lite in an amount consistent with her previous lifestyle, but not at the inflated level claimed. The respondent's unilateral reduction of maintenance was unjustified, and the applicant's ownership of a valuable home does not negate her entitlement to maintenance or a contribution towards legal costs, given her age and circumstances. The court awarded maintenance at the previously paid rate and a reduced contribution towards legal costs, finding this to be fair and appropriate pending the...

Citation
[2017] ZAECPEHC 16
Parties
Applicant: R. M. V. M.; Respondent: H. G. V. N.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
21 February 2017
Case Number
4487/2016
Procedural Posture
Urgent Application / Interlocutory Maintenance and Costs Application Pending Divorce
Outcome
Application granted in part; maintenance pendente lite and a reduced contribution towards costs awarded to the applicant.
Judges
Chetty
Legal Topics
Maintenance Pendente Lite, Contribution to Costs, Divorce Act Section 7, Standard of Living, Asset Valuation
Family and Children Maintenance Pendente Lite Contribution to Costs Divorce Act Section 7 Standard of Living Asset Valuation

Case Brief

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Parties

R. M. V. M.

Applicant

H. G. V. N.

Respondent

Procedural Posture

Urgent Application / Interlocutory Maintenance and Costs Application Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite in the amount claimed.
  2. 2 Whether the applicant is entitled to a contribution towards her legal costs.
  3. 3 Whether the respondent's reduction of maintenance was justified.

Ratio Decidendi

The court found that the applicant, having been married for twenty-six years and accustomed to a high standard of living due to the respondent's generosity, is entitled to maintenance pendente lite in an amount consistent with her previous lifestyle, but not at the inflated level claimed. The respondent's unilateral reduction of maintenance was unjustified, and the applicant's ownership of a valuable home does not negate her entitlement to maintenance or a contribution towards legal costs, given her age and circumstances. The court awarded maintenance at the previously paid rate and a reduced contribution towards legal costs, finding this to be fair and appropriate pending the...

Court Disposition

Application granted in part; maintenance pendente lite and a reduced contribution towards costs awarded to the applicant.

Orders

  • The respondent is ordered, pending finalisation of the divorce action, to pay the applicant R40,000.00 per month by electronic transfer.
  • The respondent must pay the applicant's medical aid premium.