Possible 60-day jail term for divorcing man who ignored R120k maintenance court order
A South African high court has sentenced a man to 60 days in prison for failing to pay court-ordered maintenance to his estranged wife. The sentence is suspended on the condition that he resumes his financial obligations.
Why it matters
This case highlights the legal enforcement of family maintenance orders and the judicial consequences of contempt of court in divorce proceedings.
A man has been sentenced to 60 days in prison after the high court found he deliberately ignored a court order to pay more than R100,000 a month in maintenance to his estranged wife.
However, the jail term has been suspended. He will avoid prison if he pays all the maintenance he owes and continues paying the monthly amount ordered by the court until the divorce case is finalised.
The high court in Durban ruled the man was in contempt of court after he stopped paying the full maintenance ordered in August 2022.
Judge Mbuzeni Mathenjwa said the husband knowingly failed to obey the court order and could not convince the court he was unable to pay.
“The respondent’s failure to fulfil his maintenance obligations under the court order was deliberate and intentional,” the judge said.
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