A divorcing wife, who had just bought herself a sports car for R1.5-million, turned to the Gauteng High Court, Johannesburg in a bid for her husband to increase the maintenance he is paying her pending the finalisation of their divorce, as she said she simply cannot make ends meet.
The wife said a monthly amount of R65 000 will do for now, as well as an initial contribution of R1-million towards her lawyers. This is apart from him having to pay various of her creditors and other expenses.
The parties were married in 1994, out of community of property in terms of an antenuptial contract which incorporated the accrual system and they have one adult child. They separated in 2022 and the divorce is still pending.
The wife, 52, has been unemployed since March 2009. Her husband was the managing director of an international group of companies. He recently resigned his employment and intends to relocate permanently to Germany.
He alleged that he was financially strained as a result of his resignation and cannot continue to provide for the applicant’s maintenance needs on the same scale as he previously did.
The court was told that the parties lived a comfortable, if not lavish, lifestyle. The wife relied on the husband for financial support and it appears that he was financially generous towards her, giving her expensive gifts including luxury motor vehicles, jewellery and designer clothing.
They lived in an upmarket area and travelled abroad extensively.
Following the breakdown of their marriage and separation, the husband paid a cash monthly amount of R53 000.00 towards the wife’s maintenance, together with payment of costs relating to immovable properties and assets owned by her.
He furthermore paid all of the direct expenses in respect of the former matrimonial home.
Over time the husband reduced his monthly cash contribution towards the wife’s maintenance. In both February and March he only paid her R34 000.00, in addition to the payment of other expenses.
The husband now told the court that he will pay his wife R28 000 a month, as well as foot her bills, as this was more than enough to see her through a month. He pointed out that she had enough money of her own, as she had just bought herself a luxury and expensive sports car.
The court said it had to consider the wife’s needs and whether such needs are reasonable having regard to the parties’ standard of living, her own financial ability to meet her needs as well as the husband’s financial means and his ability to maintain her.
In looking at the wife’s financial statements, the court ascertained that she has assets exceeding R25-million. The assets disclosed by the husband were more than R53-million. This was apart from properties here and abroad which he owned, and which ran into multi millions.
The court ordered that the husband had to pay his wife R65 000 a month maintenance pending their divorce, as well as contribute, as a first payment towards her divorce lawyers, an amount of R1-million.
The court in this respect said: “People in this position are not expected to litigate on the basis that they have to watch every penny that is spent in litigation. Litigation can be conducted luxuriously or economically. I do not say that she is entitled to every luxurious expense in litigation, but she is entitled to litigate upon the basis you would expect rich people to litigate. She is the wife of a rich man who is obviously going to litigate against her upon a luxurious basis.”
The court concluded that “If he is to employ the best possible legal assistance obtainable by means of his wealth, she is entitled to be assisted upon a somewhat similar scale.”
Pretoria News