Divorce is never easy, especially when finances are involved. Many people overlook the complexities of spousal maintenance and accrual calculations, which can lead to unfair settlements.

In South Africa, understanding how these factors are determined can significantly impact your financial future after divorce.

This guide breaks down the key elements of spousal maintenance and accrual, providing clarity on how they’re calculated and what factors influence the outcomes.

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Understanding Spousal Maintenance After Divorce in 2026

Spousal maintenance, also known as alimony, is financial support paid by one spouse to the other after a divorce. The purpose is to help the financially weaker spouse maintain a reasonable standard of living, particularly if they were financially dependent during the marriage.

Factors Influencing Maintenance Awards

Several factors determine whether spousal maintenance will be awarded and, if so, the amount and duration. These include:

• Earning capacity of each spouse: A court assesses each spouse’s ability to earn an income, considering their education, skills, and experience.
• Standard of living during the marriage: The court considers the lifestyle the couple enjoyed during the marriage.

Types of Spousal Maintenance

There are primarily two types of spousal maintenance:

Rehabilitative maintenance: This is short-term support to allow a spouse to become 

self-sufficient through education, training, or job searching.

Permanent maintenance: This is ongoing support, typically awarded in long-term marriages where one spouse is unable to become fully self-supporting due to age, health, or other factors.

Understanding these factors is crucial when anticipating the potential for maintenance obligations or awards. Now, let’s examine the accrual system and how it functions within South African divorces.

Decoding the Accrual System in South Africa

The accrual system applies to marriages out of the community of property, where the parties specifically opted to include it in their antenuptial contract. It aims to ensure a fair division of wealth accumulated during the marriage. This means that the increase in each spouse’s estate during the marriage is shared equally upon divorce.

How the Accrual System Works

At the start of the marriage, each spouse declares the net value of their assets. This is the starting value. During the marriage, each spouse’s estate grows or diminishes. At divorce, the accrual (the net increase in value) of each estate is calculated. The spouse with the smaller accrual has a claim against the other for half the difference between the two accruals.

Accrual Exclusions

Certain assets are typically excluded from the accrual calculation, as detailed in the antenuptial contract or by law. These might include:

1. Inheritance
2. Donations
3.  Assets specifically excluded in the antenuptial contract

Calculating Accrual: A Step-by-Step Guide

Here’s a simplified example of how accrual is calculated:

1. Determine the net value of each spouse’s estate at the beginning of the marriage. Let’s say Spouse A has R100,000 and Spouse B has R50,000.

2. Determine the net value of each spouse’s estate at the end of the marriage. Assume Spouse A’s estate is now worth R500,000 and Spouse B’s is worth R200,000.

3. Subtract the starting value from the ending value for each spouse to find the accrual. Spouse A’s accrual is R400,000 (R500,000 – R100,000), and Spouse B’s accrual is R150,000 (R200,000 – R50,000).

4. Calculate the difference in accruals. The difference is R250,000 (R400,000 – R150,000).

5. Divide the difference by two. Spouse B is entitled to R125,000 (R250,000 / 2) from Spouse A.

It’s important to remember that this is a simplified example. Actual calculations can be much more complex, involving numerous assets, liabilities, and potential exclusions. This is where consulting an expert becomes essential.

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The Role of Actuarial Experts

Actuaries play a crucial role in divorce proceedings, especially when calculating accruals and determining the present value of future maintenance obligations. Their expertise ensures accuracy and fairness in financial settlements (more on that later). They can analyse complex financial situations, provide expert opinions, and testify in court if needed.

Our firm, Actuary Consulting, provides a 24-hour turnaround time on actuarial reports. We offer a No Win No Fee policy for attorneys on key report types. With nearly 20 years of specialised experience and over 10,000 reports delivered, we’ve become trusted by over 1,500 attorney clients.

Rule 43: Interim Relief During Divorce

Rule 43 of the High Court Rules in South Africa provides a mechanism for a spouse to obtain interim relief while awaiting the finalisation of a divorce. This rule addresses immediate needs for financial support, child care, and legal costs.

What Rule 43 Covers

Under Rule 43, a spouse can apply for:

1. Interim maintenance: Temporary financial support.
2. Contribution towards legal costs: Funds to cover legal fees.    
3. Care and contact with children: Arrangements for child custody and visitation.   
4. Interim custody: Temporary custody arrangements.    
5. Other relief: Any other order the court deems appropriate

The Process of Applying for Rule 43 Relief

The application process is relatively quick and straightforward. It involves filing a concise affidavit setting out the reasons for the relief sought. The respondent (the other spouse) then has an opportunity to respond. The court will consider the affidavits and make an order based on the information provided.

Key Considerations for Rule 43 Applications

When considering a Rule 43 application, courts take into account the same factors as in a final divorce settlement, but temporarily. This includes the applicant’s financial needs, the respondent’s ability to pay, and the best interests of any children involved.

Actuary Consulting’s team of over 30 dedicated actuarial specialists, with local branches nationwide, can provide prompt, evidence-based advice to help both parties understand the financial implications.

Navigating spousal maintenance, accrual, and Rule 43 can be daunting. Here’s a quick recap and some frequently asked questions to help clarify the process.

Getting Started

Divorce settlements require careful financial planning and expert guidance. Accurately calculating accruals and understanding maintenance obligations are critical for a fair outcome.

By understanding the factors that influence these calculations and seeking professional assistance, you can protect your financial future and ensure a more equitable outcome.

Your next step: Consult with an experienced actuary to assess your situation and develop a calculated approach to your divorce settlement.

 

Frequently Asked Questions

What is the formula for calculating accruals?

The accrual calculation involves determining the net asset value at the start and end of the marriage, then subtracting the initial value from the final value to find the growth. Half the difference between the two estates is then transferred to the spouse with the lesser growth.

How do you calculate a divorce settlement?

A divorce settlement calculation involves assessing all assets and liabilities, determining if the accrual system applies, calculating each spouse’s accrual, and factoring in potential spousal maintenance obligations based on needs and ability to pay.

What is Rule 43 in South Africa for divorce?

Rule 43 is a procedure in South African High Courts that allows a spouse to apply for interim financial support, contributions to legal costs, and arrangements for child care while awaiting the finalisation of a divorce. It provides immediate, temporary relief.

What does the accrual system entail in South African marriages?

The accrual system, applicable to marriages out of the community of property with accrual, ensures that the increase in wealth during the marriage is shared fairly between the spouses upon divorce, accounting for initial assets and excluded assets, such as inheritances.

Can a maintenance order be changed after a divorce?

Yes, a maintenance order can be varied if there is a significant change in circumstances, such as a job loss, serious illness, or the recipient’s remarriage. A court will need to approve the change based on the new circumstances.

How long does spousal maintenance last?

The duration of spousal maintenance depends on factors such as the length of the marriage, the recipient’s ability to become self-supporting, and the parties’ ages and health. It can be rehabilitative (temporary) or permanent (ongoing).