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Maintenance during divorce: The Court Sends a Strong Message on Financial Disclosure

Maintenance during divorce: The Court Sends a Strong Message on Financial Disclosure

Author: By Fawzia Khan
Date: 2026-07-31

If you're asking the court for maintenance during a divorce, honesty isn't optional-it's essential.

On 13 July 2026 a High Court judgment sent a powerful message to divorcing spouses: inflate your expenses, hide your income, or fail to disclose your finances, and you risk losing your claim altogether.

The case concerned a Rule 43 application, which allows a spouse to seek temporary maintenance and financial assistance while divorce proceedings are still pending. These applications are designed to be quick, giving families financial stability until the divorce is finalised.

In this matter, the wife initially claimed over R59,000 per month, together with payment of the household expenses and R300,000 towards her legal costs. The husband argued that many of the expenses were exaggerated, duplicated or unsupported and that the wife had failed to fully disclose her financial position.

Things unravelled when the wife later admitted that several expenses had been double-counted, reducing her claim by more than a third. The court found that she had still not made a full and frank disclosure of her income, business interests and liabilities. That omission proved costly.

The judge stressed that Rule 43 applications depend on complete honesty. Because these applications are decided quickly, courts simply do not have the time to investigate every bank account, business or investment. The duty rests squarely on the applicant to disclose everything that is relevant.

One of the judgment's strongest messages was that Rule 43 is not a "meal ticket." It exists to provide fair, temporary financial support-not to reward inflated claims or create a long-term source of income.

Although the court was highly critical of the applicant's conduct, it also recognised that two minor children were involved. Instead of dismissing the application outright, the court ordered the husband to pay R25,000 per month, continue paying the bond, household expenses, medical costs and school fees, and contribute R40,000 towards the wife's legal costs.

If you approach the court for maintenance, remember that credibility is one of your greatest assets. Full financial disclosure isn't just good practice-it's the foundation upon which your case stands. Lose your credibility, and you may lose far more than you expected.

The Law Desk of Fawzia Khan and Associates. Giving You the Power of Attorney. Visit our website: thelawdesk.co.za or email fawzia@thelawdesk.co.za for legal assistance at competitive rates.