From child custody to spousal maintenance - what to consider when going through a divorce | Life

When you divorce, custody of any children of the union is normally granted to a single parent, with reasonable access awarded to the other parent. Or the parents may opt for joint custody. If parents can't agree on childcare arrangements, the court may insist on a parenting plan. Spousal maintenance

In South African law, no one who can support themselves is entitled to maintenance. However, a court may order rehabilitative maintenance. This will be based on the couple's current and potential future financial means, earning capacities, financial needs and obligations, the length of the marriage, and other factors.

With rehabilitative maintenance, the court will estimate how much time the relevant spouse will need to gain the skills to re-enter the job market.

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