Top 10 Questions About Maintenance in South Africa — Answered
Reflecting on the Questions That Matter Most
After months of guiding families through separation, co-parenting, and financial restructuring, one topic keeps surfacing — maintenance.
It’s the question that comes up in every consultation, sometimes quietly, sometimes urgently: “How much should I pay?” or “Am I entitled to anything at all?”
To help make sense of it all, we’ve gathered the 10 most common questions clients in South Africa ask about spousal and child maintenance.
Whether you’re recently divorced, supporting children, or trying to understand your rights — this guide breaks it down simply and clearly, without the legal jargon.
1. Do I Automatically Get Maintenance After Divorce?
No. Maintenance isn’t automatic — it’s based on your financial circumstances, your role during the marriage, and your ability to support yourself.
If one spouse relied financially on the other (for example, a stay-at-home parent), the court may grant spousal maintenance to ensure a fair transition.
Remember: The goal is balance, not punishment. Courts assess need versus ability to pay.
2. How Is Child Maintenance Worked Out?
South African law says both parents must contribute according to their means — not necessarily equally.
The court considers:
- Monthly income and expenses of both parents
- The child’s actual needs (education, healthcare, food, clothing)
- Living arrangements and access schedules
A common myth is that child maintenance covers everything — it doesn’t. It’s specifically for the child’s wellbeing, not one parent’s lifestyle.
3. What If My Ex Doesn’t Pay Maintenance?
You can approach the Maintenance Court to enforce the order.
The court can:
- Garnish wages directly from their employer
- Attach bank accounts or property
- In serious cases, issue a warrant of arrest
Ignoring a court-ordered maintenance obligation is a criminal offence in South Africa.
4. Can I Go to Jail for Not Paying Maintenance?
Yes — and it happens more often than people think.
Failure to pay maintenance can lead to a fine or imprisonment of up to 3 years under the Maintenance Act.
Real-world stat: In Gauteng alone, more than 5,000 maintenance-related warrants are issued every year (Department of Justice, 2023).
5. Does Maintenance Cover School Fees and Medical Aid?
Yes. Courts usually expect parents to contribute to education, medical aid, and healthcare expenses, proportionate to their income.
These are considered essential expenses. Extramural activities, transport, and holidays may be treated separately — depending on the order.
6. I Was a Stay-at-Home Parent — Do I Qualify for Spousal Maintenance?
Absolutely. Courts recognise non-financial contributions such as raising children, managing the home, and supporting a spouse’s career.
This can qualify you for temporary or permanent maintenance after divorce, depending on the marriage duration and earning capacity.
Tip: Keep a record of your role in the household — it helps your attorney demonstrate your contribution to the marriage.
7. Until When Must Maintenance Be Paid?
For children, maintenance usually continues until they become self-supporting — even beyond 18 if they’re still studying.
For ex-spouses, it depends on the court’s order — some are temporary (rehabilitative), while others can last indefinitely in special cases.
8. Can Maintenance Amounts Be Changed Later?
Yes. Life changes — income, expenses, and responsibilities evolve.
Either parent can apply to vary the order if there’s a significant change in financial circumstances.
Courts appreciate transparency. If your income drops, communicate early and provide proof — don’t just stop paying.
9. How Long Does It Take to Get a Maintenance Order?
It depends on the complexity of the case and the court’s backlog.
In Gauteng, the average timeline is 20 -24 weeks from application to final order. Urgent cases involving children’s welfare can be prioritised.
Tip: Bring bank statements, proof of income, and a detailed expense list — it speeds up the process significantly.
10. What If My Situation Doesn’t Fit the “Typical” Case?
Not every family looks the same — and the courts recognise that.
Whether you’re co-parenting, raising children across borders, or dealing with fluctuating income, a customised legal strategy is key.
At Shapiro & Haasbroek Inc., we approach every case with empathy and precision — ensuring the law works for your reality, not just the textbook version.
Maintenance Is About Fairness, Not Favouritism
Maintenance law isn’t about punishing one side — it’s about preserving dignity, stability, and fairness.
If you’re unsure where you stand, getting informed is the best place to start.
Need help calculating or enforcing maintenance?
Visit our website our team is here to guide you through every step.
