Judge revises R53 800 spousal maintenance claim, orders R35 000 monthly payment and R100 000 for legal fees

Spousal maintenance during divorce proceedings took centre stage in the South Gauteng High Court case of HNC v SJC, heard in Johannesburg. 

The ruling, delivered by Judge LR Adams on 9 June 2025, examined the financial obligations of a husband contesting his wife’s claim for maintenance following their separation. 

Married in community of property since 2012, the applicant, aged 62, initiated divorce proceedings in January 2024, seeking spousal maintenance of R53,800 per month. Her claims included rental costs, medical aid, and legal fees. 

The husband, approaching 68, contested the amount, citing financial strain after selling his business. He outlined his existing financial contributions, including: 

• R6,800 per month toward the wife’s domestic helper’s salary and travel costs. 
• End-of-year bonus for the helper. 
• Premiums for Discovery Health Medical Aid, gap cover, and excess payments. 
• Installments, insurance, and maintenance for the wife’s Audi A3. 
• Membership fees for Virgin Active Gym. 

He tendered R28 700 per month in direct maintenance, inclusive of vehicle costs capped at R4,000. However, the wife countered, asserting that he was paying R35 000 per month in addition to the vehicle installment. 

Regarding specific claims: 

• The husband offered R7 600 per month toward domestic help but declined an annual bonus provision.
• He tendered R4 500 for medical aid and R165 for gap cover. 
• He proposed R4 000 per month for the wife’s Audi Q3 (2022 model), although the applicant claimed he currently paid R8 074.24 per month. 
• He proposed R1 500 for Virgin Active membership, slightly below the applicant’s stated R1 700 monthly cost. 

The husband declined any contribution toward the wife’s proposed R18 000 monthly rent, arguing his own accommodation cost R9 000. Similarly, he rejected the applicant’s claim for a capital payment of R193 000 for household accessories. 

Spousal maintenance adjusted for fairness 

Judge Adams structured the ruling around three key factors; the applicant’s legitimate financial requirements during divorce, the husband’s ability to meet these demands, and whether the requested amount was reasonable given current financial constraints. 

Following deliberation, the court adjusted the maintenance request significantly. The wife was awarded R35 000 per month, including direct financial support for household expenses, medical aid, and vehicle costs. 

Additionally, the court granted a R100 000 contribution toward legal fees, marking a recognition of the financial burdens associated with divorce disputes. 

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