Navigating a divorce is never easy, and the financial transition from a joint household to an independent one is often the most stressful part. In South African law, the topic of spousal maintenance—commonly known as alimony—is frequently misunderstood.

Unlike child maintenance, which is a non-negotiable legal duty, spousal maintenance is not an automatic right. Here is a breakdown of how it works under the Divorce Act 70 of 1979.

1. The starting point: No automatic right

In South Africa, the reciprocal duty of support between spouses usually ends when the “I do’s” become “I don’t.” The law operates on the “Clean Break” principle, which encourages both parties to become financially independent of one another as quickly as possible.

However, Section 7 of the Divorce Act allows for maintenance in two ways:

• Section 7(1): By written agreement between the parties (a settlement agreement).
• Section 7(2): By a court order if no agreement is reached.

2. Types of spousal maintenance

Not all maintenance orders look the same. Depending on your circumstances, the court may grant one of the following:

Type	Purpose	Duration
Permanent	For spouses who cannot re-enter the job market due to age, health, or long absence.	Until death or remarriage.
Rehabilitative	To support a spouse while they “bridge the gap” (e.g., finishing a degree or finding a job).	A fixed period (e.g., 6 months to 2 years).
Token	A nominal amount (e.g., R1.00/month) to keep the “door open” for future claims.	Until circumstances change.
Interim (Rule 43)	Temporary support to cover living costs during the divorce process.	Until the divorce is finalized.

3. How the court decides

If you and your spouse cannot agree, the court has “discretionary power.” This means a judge will look at several factors to decide if maintenance is “just.” These include:

• The standard of living: The lifestyle you enjoyed during the marriage.
• Earning capacity: Can the spouse seeking maintenance work? Do they have the skills to support themselves?
• Duration of the marriage: Courts are more likely to grant maintenance for a 20-year marriage than a 2-year one.
• Age and health: Younger, healthy individuals are expected to become self-sufficient sooner.
• Conduct: While South Africa has a “no-fault” divorce system, gross misconduct (like abuse or extreme financial desertion) can still influence a maintenance award.

4. The “Token” maintenance strategy

One of the most important legal tactics in South African divorce law is the R1.00 maintenance order.

If you do not need maintenance today, but you are worried about your health or future stability, you must claim it during the divorce. If the final decree says “no maintenance,” you can never go back and ask for it later. By securing a “token” amount, you preserve your right to approach the Maintenance Court later if your circumstances change significantly.

5. When does maintenance end?

Unless the agreement states otherwise, spousal maintenance typically terminates:

1. On the death of either party.
2. Upon the remarriage of the person receiving the maintenance.
3. At the end of a fixed period (in the case of rehabilitative maintenance).

Note: Cohabitation (living with a new partner without marrying) does not automatically end maintenance unless your specific divorce settlement includes a “cohabitation clause.”

Final thoughts

Spousal maintenance is a complex, evidence-based area of law. Whether you are the one asking for support or the one being asked to pay, it is vital to have a clear, documented breakdown of your monthly income and expenses.

Disclaimer: This blog is for informational purposes and does not constitute legal advice. Consult with S. Ntlantsana & Associates to speak to a qualified family law attorney regarding your specific case.