Court rejects Swiss husband's attempt to evade maintenance by claiming poverty

TO PAY maintenance to a divorcing spouse - even if it is only interim payments as per a court order pending a final divorce - is a legal obligation, the court reminded a husband based in Switzerland, who blamed a skiing accident for his nonpayment.

- ZELDA VENTER

The Western Cape High Court did not accept his excuses and ordered the man to pay R277 000 in arrear maintenance to his wife. This must be done within 15 days and if he failed, his wife was granted permission to immediately launch contempt of court proceedings against him.

The wife, who lives in Cape Town, turned to court as she wanted her husband, from whom she is not yet divorced, to honour his maintenance obligations as per a previous court order. The court, in dealing with the matter, remarked that “we must remind ourselves" that one of the legal consequences of marriage, whether in or out of community of property, is that the spouses owe each other a reciprocal duty of maintenance according to their means.

The scale on which support must be contributed depends upon the social position, financial means and style of living chosen by the spouse.