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‘He Won’t Pay, She Won’t Return’: Divorcing Couple’s Fight Over R65k Maintenance, Furniture Ends in Court

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Source : {Pexels}

A divorcing couple’s bitter dispute over maintenance and furniture has landed in the KwaZulu-Natal High Courtwith both sides claiming the other is in contempt.

The court dismissed both applications, but ordered the husband to pay up and the wife to give back.

The Background

The couple are involved in pending divorce proceedings.

On 23 February 2025, a Rule 43 interim maintenance order was granted, regulating financial and living arrangements while the divorce proceeds.

The husband was required to:

  • Pay the wife R65,000 per month in maintenance

  • Cover medical and educational expenses of their minor child

  • Pay up to R45,000 per month in rent after the wife vacated the matrimonial home in Ballito

  • Allow the wife to remove certain belongings from a storage unit

The Wife’s Complaint

In June 2025, the wife approached court urgently, alleging the husband was in contempt for:

  • Failing to pay R45,000 rental for April 2025

  • Not paying R120,000 intended for furniture purchase

She also sought permission to relocate to another estate in Ballito and an order compelling the husband to pay for a forensic psychologist to assess their child.

The Husband’s Counter

The husband opposed and launched a counter-application, alleging the wife had breached the order by:

  • Removing furniture from the matrimonial home in violation of the order

  • Demanding she return items he claimed were worth more than R630,000

The wife disputed the valuation, arguing the items were old and worth approximately R43,570. She maintained she only took personal belongings, gifts, and furniture necessary to set up a home.

The Court’s Finding

To establish contempt, a party must show the other wilfully and in bad faith refused to comply.

The judge found insufficient evidence that either party’s conduct was deliberate or malicious.

The dispute over furniture ownership and value would likely need to be determined during the divorce trial.

The Orders

Despite dismissing both contempt applications, the court ordered:

The husband to pay:

  • R45,000 for outstanding April 2025 rental

  • R120,000 towards furniture costs

  • Grant the wife access to a storage facility within one month

The wife to return to the matrimonial home within one month:

  • Black lounge suite

  • Coffee table

  • Carpet

  • Rocking chair

  • Wicker chair

  • Big Green Egg

  • Wooden carved chair

  • Stone side table

  • Gold side table

  • Wood side table

The court rejected the wife’s request to relocate and her request for a forensic psychologist.

The Costs

Because both parties achieved partial success, each must pay their own legal costs.

The Bottom Line

R65,000 a month. R45,000 rent. R120,000 furniture. And a list of items that includes a Big Green Egg.

The divorce trial will ultimately decide who gets what. For now, the court has drawn a line: pay what you owe, return what you tookand stop fighting in the meantime.

{Source: IOL}

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