A Free State woman, in the process of divorcing her cancer-stricken husband, dragged him to court seeking over R25,000 maintenance, claiming there was a shortfall in her income.
The estranged couple were married out of community of property with exclusion of the accrual system on October 2007.
The wife brought a Rule 43 application in the Free State High Court in sought of interim maintenance until the divorce is finalised.
In addition to the monthly maintenance, she wanted him to pay over R83,000 for her relocation costs, R45,000 towards her legal fees, he should continue paying for a communal property situated in Hoopstad, and the reinstatement of her car and iPad on his short-term insurance.
To support the application, the woman said her expenses were over R36,000 and she was getting R3,000 twice annually from Sanlam, a monthly R350 from the Johannesburg stock exchange, and R11,000 from her townhouse rental in Laborie.
She said she was a pensioner and has no other source of income.
In his reply, the 70-year-old husband said he was diagnosed with colon cancer and undergoes chemotherapy which has weakened his legs to such an extent that he falls from time to time.
He said due to his age and state of health, he has been running a tight ship and hardly able to practice for a full day.
He testified that his practice normally generates monthly medical fees close to R90,000.
Furthermore, he said he has business and personal expenses that he has to cover including paying a monthly R10,000 maintenance to his first wife and over R5,000 towards her medical aid.
Acting Judge Sonwabo Mgudlwa noted that both parties are relatively old and that the husband's health condition has impacted his income, as he can no longer work as before.
Judge Mgudlwa said the wife’s claim for relocation fees was exorbitant and added that she should not lose sight of the fact that the relief sought was interim.
He also noted that the wife was not as desolate as she makes out to be because she has monthly income and a savings account with over R191,000 at Investec.
He said considering the husband’s financial position, he won’t order him to pay for the wife’s legal fees. He added that the wife has enough money stored with Investec and she should use it for her legal fees.
The husband was ordered to pay R10,000 monthly maintenance as from April 30, 2024.
He was further ordered to continue with bond payments over the communal property situated in Hoopstad.
He was also ordered to reinstate the wife’s vehicle and iPad on his short term insurance.
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