The judgment of Moshoana J in STH v ATH [2024] ZAGPPHC 1237 handed down in the Pretoria High Court wherein a claim for lifelong spousal maintenance was dismissed.
The plaintiff and defendant married in 1997 out of community of property, excluding the accrual system, and were married for 25 years. There are no children of the marriage. The plaintiff left the marital home in 2022, citing abuse, and faced significant financial difficulties, including debt and blacklisting, despite receiving maintenance pendente lite through a Rule 43 order. She claimed lifelong spousal maintenance and continued medical aid coverage post-divorce.
The court found that the plaintiff worked throughout the marriage, is skilled in sales, and has the capacity to support herself. Her financial irresponsibility and lack of evidence to substantiate claims about the defendant’s wealth undermined her case. The court noted both parties possess the means to manage the consequences of the marriage’s dissolution.
The court ordered as follows:
- A decree of divorce is granted;
- the plaintiff’s claim for lifelong maintenance is dismissed;
- and each party will bear its own costs.
S.T.H v A.T.H (060610-22) [2024] ZAGPPHC 1237 (28 November 2024)