key to the study guide - Name

Rehabilitative maintenance
Kroon, Grasso v Grasso and Pommerel v Pommerel in your casebook on pages
265±279 very carefully. The discussion also explains what rehabilitative
maintenance is and when it will be awarded.
2.4 Lump-sum maintenance
On page 150 in your textbook you will see that in several cases it was
decided that our courts cannot issue orders that maintenance be paid as a
lump sum. Make sure that you know on which arguments these decisions
were based, and why some of these arguments no longer apply today.
Particularly note the discussion of Zwiegelaar v Zwiegelaar on pages 150±
151 in your textbook and the possibility that maintenance may be paid as
a single lump sum in the future.
2.5 Token maintenance
Since a maintenance order cannot be made in favour of a spouse after the
marriage has been terminated by divorce, the courts sometimes award
token maintenance to a spouse who does not really need maintenance at
the time of the divorce, but who may need maintenance in the future.
When that person later starts needing maintenance, the token
maintenance can be increased to provide real maintenance. On page 151
your textbook explains this and also explains what token or nominal
maintenance is.
ACTIVITY
Mr and Mrs Kahn got married in 1980, after qualifying as pharmacists.
From the beginning of the marriage Mrs Kahn never worked outside the
home, as she had to take care of the household and the children born of the
marriage. Mr Kahn, who has been working as a pharmacist at a big
hospital since the beginning of the marriage, recently discovered that he
suffers from an incurable disease which in 10 years' time will render him
unable to work. Mr and Mrs Kahn now wish to get divorced.
(1) Mrs Kahn realises that because of her qualifications she will not be
entitled to permanent maintenance. However, she wishes to know
from you whether she will be entitled to any other form of
maintenance. Fully advise her on this matter, with reference to
authority.
(2) Mr Kahn is concerned about the fact that he will not be able to work
in 10 years' time and wishes to know from you whether he will be
entitled to institute a claim for maintenance against Mrs Kahn in 10
years' time. Fully advise him on this matter.
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