Wife’s ‘meal ticket’ maintenance reduced
The Western Cape High Court has significantly reduced a woman's interim maintenance claim during divorce proceedings after finding that she failed to make full and frank disclosure of her financial circumstances, reports Iol.
Judge Pinda Njokweni warned the wife that Rule 43 applications are not intended to provide an indefinite ‘meal ticket’ for spouses.
Njokweni ruled that while the wife was entitled to interim financial assistance pending the finalisation of her divorce, her conduct in the litigation and the shortcomings in her financial disclosures justified a substantially lower maintenance award than she had originally sought.
The wife initially asked the court to order her estranged husband to pay R59 100 a month in maintenance. She also sought payment of the bond, municipal charges, household expenses, medical aid, educational costs, domestic workers, motor vehicle expenses and a contribution of R300 000 towards her legal fees.
She told the court that her freelance consulting work generated an average monthly income of only R9 000 and that she could no longer meet her monthly expenses after her husband allegedly reduced his financial support.
According to her evidence, she faced a monthly shortfall of about R50 000.
The husband opposed the application, arguing that his wife had understated her income, failed to disclose certain assets and overstated numerous expenses.
He alleged that she had omitted information about investment interests and exaggerated household costs while failing to acknowledge that he continued paying major expenses, including the bond, school fees, medical aid and insurance.
Njokweni was also dissatisfied with the wife's disclosure regarding her business interests and income.
The court ordered the husband to pay R25 000 a month in interim maintenance for a maximum period of 12 months.
He must also continue paying the bond, municipal charges, levies, insurance and maintenance costs relating to the matrimonial home, retain his wife and children on his medical aid, cover reasonable medical expenses not paid by the scheme, pay the children's educational costs and continue meeting specified expenses relating to the applicant's motor vehicle.
He was further directed to contribute R40 000 towards her legal costs by 30 July, according to IoL.
Should the applicant's financial circumstances fail to improve after the 12-month period, she may apply to vary the order.
Each party was ordered to pay their own legal costs in the Rule 43 proceedings.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
