A husband has been released from his obligation to pay R10 000 in spousal maintenance after presenting evidence in the Gauteng High Court (Johannesburg) that his wife concealed her income.

The Star reports the couple – married out of community of property with accrual – have two children together.

In May 2021, the wife initiated divorce proceedings, which are still awaiting final determination. During this interim period, she filed a rule 43 application, resulting in the husband being ordered to pay more than R17 000 for the children’s maintenance and R10 000 for spousal maintenance.

In August 2023, the husband challenged this arrangement in the High Court, arguing his wife’s improved financial situation meant she could sustain herself.

He noted that she was operating a business from home, suggesting that household expenses such as rent, electricity, and water should be partly allocated to her business.

The wife’s Financial Disclosure Form (FDF) acknowledged an income increase to about R15 000 after tax, up from the R10 000 declared during the rule 43 application.

The Star reports despite this, she maintained that the increase was not materially significant. However, the husband scrutinised her FDF and bank statements, revealing her average monthly income from January to August 2023 exceeded R34 000. 

Furthermore, it was revealed she had withdrawn R20 000 from a business account in 2022, unreported in her rule 43 application.

Additionally, the wife ran a business offering a course at R4 350 per person, attended by at least 37 individuals from May 2022 to April 2023.

She also earned over R550 monthly from another business which she omitted, later claiming it was an error.

Judge Portia Nkutha-Nkontwana concluded that the wife had not been fully transparent with the court. As a result, the husband is no longer required to pay spousal maintenance, but will continue supporting their children.

Full report in The Star

Judgment