Contrary to popular belief the court has, in more recent decisions indicated a reluctance to grant spousal maintenance without sufficient cause. Spousal support will normally only be granted by the courts where there is sufficient proof that the party claiming entitlement to spousal support has been supported by the other party throughout the marriage making the party in need of spousal support accustomed to a certain standard of living which needs to be maintained after divorce.
The period of spousal maintenance will also normally be restricted to a period of rehabilitation of the party in need thereof. Various factors need to be taken into consideration for a claim for spousal maintenance to succeed in our courts.
As with divorce, our judicial system has made claiming maintenance a very simple and inexpensive procedure.
To see if you qualify for maintenance go to the nearest Magistrate’s court in your area and ask to speak to a maintenance officer who will assist you with bringing such an application to eventually obtaining a court order for maintenance.
These steps must however be taken prior to the DIY Divorce.