Court Dismisses KZN Businesswoman’s Bid to End Spousal Maintenance Payments

The Mpumalanga High Court has dismissed an application by a KwaZulu-Natal businesswoman who sought to stop paying spousal maintenance to her estranged husband. The court ruled she failed to provide sufficient evidence of her alleged financial hardship.

Background of the Case

• The couple’s divorce proceedings began in November 2023.

• In February 2024, the court ordered the wife to pay her husband R10,000 per month in spousal maintenance and R50,000 towards his legal costs.

• Nearly a year later, the wife applied to end the payments, citing changed financial circumstances.

Wife’s Claims

The businesswoman argued her farming business suffered losses after severe snowfall in September 2024, which reduced income. She reported:

• Monthly income of R17,400 after farm expenses.

• A loss of R1.9 million due to weather conditions, as confirmed by her accountant.

• Ongoing expenses for her autistic child’s education and therapy, amounting to over R197,000 in ancillary costs despite her parents covering boarding school fees.

She also alleged her husband misused the maintenance money on luxuries such as air travel and alcohol instead of basic needs.

Husband’s Response

The husband opposed the application, stating:

• His wife failed to make full financial disclosure.

• His legal fees were paid by his sister, not through maintenance.

• He denied using the money on alcohol or other luxuries.

Evidence Submitted

The wife submitted:

• Cash flow statements from February to December 2024.

• An Absa letter rejecting her credit application.

• An accountant’s statement confirming business losses and the need for external funding.

Court’s Decision

The High Court found the evidence insufficient to prove she could no longer afford to pay maintenance. It dismissed her application, meaning she must continue paying R10,000 monthly until divorce proceedings are finalised.

{Source: IOL}

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