South Africa
Spousal Maintenance Agreement
R449
Create a spousal maintenance agreement recording interim, rehabilitative, fixed-term, or ongoing support between spouses or former spouses, including amount, duration, review, and termination events.
A Spousal Maintenance Agreement records financial support between spouses or former spouses. It may be used during separation, pending divorce, or as part of a divorce settlement.
South African legal context (2026 checklist)
Spousal maintenance depends on the parties’ circumstances, needs, means, standard of living, duration of the marriage, age, earning capacity, conduct where relevant, and any divorce or settlement terms. It should be realistic, reviewable where appropriate, and consistent with any court order.
- Divorce Act 70 of 1979
- Maintenance Act 99 of 1998
- Matrimonial Property Act 88 of 1984
- Maintenance of Surviving Spouses Act 27 of 1990, where death-related claims are relevant
- Recognition of Customary Marriages Act 120 of 1998, where customary marriage is involved
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who will pay maintenance?
Who will receive maintenance?
Are the parties married, separated, or divorced?
What amount will be paid monthly?
When will payments start and end?
Will the amount increase annually?
Will medical aid, housing, vehicle, or other benefits be included?
What events terminate maintenance?
Will maintenance be varied if circumstances change?
Should the agreement be included in a divorce settlement?
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