key to the study guide - Name

Factors
Weight attached to
factors
Maintenance not intended
to effect
financial equality
the payment of maintenance to one of the spouses (husband or wife) for
any period of time until the death or remarriage of that spouse. Also note
that a maintenance order in favour of a spouse can be granted only upon
divorce, and not at any later stage.
2.2 The factors the court must take into account
The factors the court takes into account when considering a maintenance
order are listed on pages 147±148 in your textbook, from (1)±(9).
Carefully study this list of factors. The question whether some of the
factors in section 7(2) are more important than others is answered on page
148 of the textbook. Here, reference is made to the decisions in Swart v
Swart and Grasso v Grasso. Note that from these cases it appears that one
factor is not always more important than another Ð the circumstances
and facts of each case will determine how much weight is to be attached to
each factor.
Section 7(2) of the Divorce Act provides that the court must make an
order which it deems just. From Reid v Reid itappearsthatthisdoesnot
mean that the court must effect financial equality between the parties on
divorce. This aspect is also explained on page 148 of your textbook.
Role of fault Another aspect discussed in the middle of page 148 in your textbook is
that of the effect of the spouses' conduct on the maintenance award. You
will see that the decisions in Swart v Swart and Grasso v Grasso are also
relevant here.
Same standard of
living
Maintenance for life
and duty to work
192
Another issue which arises in maintenance disputes on divorce is whether,
after divorce, spouses can expect to maintain the same standard of living
they maintained during their marriage. This question is discussed on pages
148±149 of your textbook and in the Pommerel and Grasso cases in your
casebook. Normally, the living standards of the poorer party (usually the
wife) will decline after marriage but, if the wealthier spouse can afford to
pay enough maintenance to maintain the standard of living the spouses
enjoyed while they were still married, he or she may be compelled to do
soÐashappenedintheGrasso case.
2.3 The move away from permanent maintenance
Note that your textbook refers to the allegation that women nowadays can
no longer rely on marriage to provide them with maintenance for life. It is
therefore expected of wives to go out to work after divorce and support
themselves. This issue is very important and you must study the discussion
of it on pages 149±150 of your textbook and your prescribed cases Kroon v