key to the study guide - Name

194
FEEDBACK
(1) Mrs Kahn will probably be entitled to rehabilitative maintenance.
In Kroon v Kroon it was held that our courts will consider a
rehabilitative maintenance order if it is likely that a party can be
trained or retrained for a job, occupation or profession and will be able
to provide her own support. Such rehabilitative maintenance will
support the party it was awarded to for a period of time, which will
enable him or her to be trained or retrained.
In Pommerel v Pommerel it was held that the rule that maintenance will
not be awarded to a wife who can support herself is not ``a hard and
fast principle of our law applicable to all cases''. The court must in
each case consider the possibility that a spouse who is not currently
working may be able to work Ð that is, the notional employability of
thespousemustbeconsidered.
In VvV, for example, a wife who was capable of earning her own
living was awarded maintenance only for one year, as the court was of
the view that that was long enough to enable her to establish herself
in her career.
(2) Mr Kahn will not be entitled to institute a claim for maintenance
against Mrs Kahn in 10 years' time because a maintenance order is
coupled with a decree of divorce.
Because Mr Kahn will need maintenance only in 10 years' time, he
must request a token maintenance order against Mrs Kahn. An order
for token maintenance is issued if, at the time of issuing the decree of
divorce, there is no reason for the granting of maintenance, but it is
anticipated that one of the spouses may in the future need
maintenance. In terms of such an award, a small monthly amount
of R1 or R5 is awarded. In 10 years' time, Mr Kahn may then apply
for the token maintenance to be changed to true maintenance.
Relevant cases that could also be discussed (depending on the mark
allocation of the question) are Nel v Nel, Portinho v Portinho and Qoza v
Qoza.
Mr Kahn is entitled to request a maintenance order (a token
maintenance order, in this case), as section 7(2) of the Divorce Act 70
of 1979 refers to ``parties'', and not to a ``husband and wife''.
3 THE RESCISSION, SUSPENSION OR VARIATION OF MAINTENANCE
ORDERS
The discussion of rescission, suspension and variation of maintenance
orders starts on page 151 of your textbook and runs to page 155. You,
however, only need to read ``13.3.2 Waiver of the right to claim
rescission, suspension or variation of a maintenance order''.