Immediate maintenance

Immediate maintenance during divorce: The divorce process can cause immediate financial problems when one spouse urgently requires maintenance payments, for example, where the wife is fully supported by a husband who has left the family home.

South African divorce law allows a spouse in this situation to obtain interim relief and maintenance payments until a final divorce and maintenance settlement is reached.

An application can be made to ensure that the other spouse makes interim payments to cover essential items including childcare and education costs, bond and medical aid payments, and to cover divorce costs.

The procedure is completed under Rule 43 if processed by the High Court, or under Rule 58 if dealt with in a regional court.

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