Husband loses appeal over R40,000 interim maintenance for estranged wife and stepchildren. The Supreme Court of Appeal (SCA) has struck from the roll an appeal by a husband seeking to challenge a High Court ruling that required him topay interim maintenance for his estranged wife and her two childrenduring pending divorce proceedings. The SCA held that it lacked jurisdiction to hear the appeal because the order in question was an interim maintenance order made under Rule 43, which allows courts to grant temporary financial relief during divorce proceedings.
The dispute arose after a breakdown of a relationship between an estranged couple who got married in April 2018 out of community of property, subject to the accrual system. Their relationship deteriorated in late 2023, leading to their separation. In early 2024, the wife filed for divorce in the Western Cape High Court in Cape Town and subsequently launched an application under Rule 43.
She sought interim maintenance for herself and her two minor children from a previous marriage, a contribution toward legal costs, and additional interim financial relief while the divorce case remained unresolved. The husband opposed the application, arguing that he had no legal obligation to maintain the children, as he had not adopted them, and their biological father remained involved in their lives. He maintained that both their mother and their biological father were financially responsible for their upbringing.
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He also stated that any financial assistance he had provided during the marriage was voluntary and temporary, mostly to assist his wife during periods of financial difficulty. However, the wife argued that the children had become accustomed to a high standard of living during the marriage because of his financial support. She also contended that he had assumed a parental role within the family and had effectively treated the children as his own.
She cited a message he sent to employees after the separation in which he said he would continue supporting the family and providing for the children, describing them collectively as “our kids.” In September 2024, the high court ruled in favour of the wife and granted an interim order requiring the husband to pay monthly maintenance of R40,000, continue covering the children on his medical aid, cover their medical expenses, pay monthly rent of R35,000, and contribute R1 million toward legal costs. Unhappy with the ruling, the husband sought relief at the SCA, arguing that the high court had improperly imposed a duty of support on a stepparent, particularly where the children’s biological parents remained capable of supporting them.
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