Reciprocal duty of support Flashcards
(11 cards)
To whom does the reciprocal duty of support apply to?
Both spouses.
From when until when does the duty apply?
Beginning until its termination
Which conditions need to be met for the reciprocal duty of support to apply?
- The marriage should be valid.
- One spouse is in need of support
- The other spouse is able to provide that support.
What does the reciprocal duty of support includes?
Food, accommodation, clothes and other necessities.
What does contributing pro rata mean?
It means that both parties should share the responsibility of contributing what they can afford.
What are the factors taken into account in terms of shared responsibility?
Social status: Are the spouses used to a modest or luxurious lifestyle?
💰 Income or means: What does each spouse earn or own?
📈 Cost of living: What does it reasonably cost to maintain their lifestyle?
Why must spouses still maintain each other even though they live apart?
The duty of support depends on the existence of MARRIAGE, and NOT on the existence of a joint household
Where can one enforce the duty of support on the other spouse?
High Court and in the Maintenance Court.
How is the duty of support terminated?
Death or divorce but it can exist by a claim against the deceased’s estate, or a maintenance order in case of divorce.
Which duty can be used to enforce the reciprocal duty of support?
The Maintenance Act 99 of 1998.
Comparison between the 1963 Act and 1998?
Unlike the 1963 Act, the 1988 Act is not limited to family relationships. It applies to any legal duty of support, even if it’s based on contracts or other legal duties.
