Yes – South African law is gender-neutral. Here's when courts say "pay" and how they decide the amount.
The question still surprises people: can a husband ask for maintenance from his wife? In South Africa the answer is a straightforward yes. Our law has long recognised a reciprocal duty of support between spouses. That duty applies while you're married (and can be enforced in the Maintenance Court) and, in appropriate cases, after divorce (by agreement in a settlement or by court order). It's never about gender; it's about needs and means, fairness, and the facts of the particular marriage.
How courts think about spousal maintenance
When a couple divorces, the court can make a maintenance order for either spouse. The judge doesn't punish or reward; they ask practical questions: What does each spouse need to live at a reasonable level after the split? What can each spouse afford? How long will support be necessary? The answers come from the lived history of the marriage: who earned what, who sacrificed career time to run the home or care for children, who financed studies or a business, how old and healthy each partner is, and what earning potential realistically looks like now.
Sometimes support is rehabilitative – a time-limited bridge while the lower-earning spouse retrains, rebuilds a client base or finds work. Sometimes it's longer-term – for example, where age, health or decades out of the job market make self-sufficiency unrealistic. And often it's not needed at all because both parties can stand on their own feet. The point is choice, not stereotype.
When husbands succeed with maintenance claims
In practice, husbands are awarded maintenance more often than many assume. Typical patterns include the husband who paused a career to manage the home while the wife's business scaled; the husband who became the primary caregiver after redundancy; the husband whose health now limits earning capacity while his spouse's income remains strong; or the husband who needs a year or two of support to complete a qualification and re-enter the market. In each case the court measures actual budgets and incomes, not cultural expectations.
During the marriage vs during the divorce vs after
If you're separated but still married and the household support has collapsed, you can approach the Maintenance Court to enforce the duty of support. If divorce is underway and you need urgent help to keep life stable (bond, medical aid, school fees), you can ask for interim maintenance pending divorce (a short, paper-driven process designed to prevent crisis). After divorce, maintenance is either what you agreed in your settlement or what the court ordered because it was fair on the day.
Maintenance is separate from the property split
Whether you were married in community of property, out of community with or without accrual, the patrimonial claims (who owns what) are a different track to maintenance (who supports whom). A spouse can have a strong accrual or property claim and still owe, or receive maintenance, depending on post-divorce cash flow and earning capacity. Courts look at the whole picture.
What helps (and what doesn't)
Courts respond to clear, boring facts. If you're claiming, expect to show a realistic monthly budget, proof of income and expenses, and a short plan for getting back to full earning power if that's plausible. If you're opposing, focus on affordability, your own obligations (especially towards children), and any evidence that the other party can meet more of their needs than claimed. What doesn't help are sweeping statements about what husbands or wives "should" do; the law is indifferent to stereotypes.
What about the Children
Child maintenance is a separate, first-priority obligation and will be dealt with before spousal maintenance. The presence of children often explains career choices and time out of the market – facts a court will weigh carefully – but their support is calculated on its own terms.
Spousal maintenance isn't a moral verdict and it isn't gendered. It's a financial safety net applied with restraint, to prevent hardship and allow both people to land on their feet. Husbands can and do claim it where the numbers and the history justify it; just as often, it isn't needed because both have the means to move on independently. The right outcome is the one that fits the facts of your marriage, not anyone else's assumptions.
Want to understand your position before you commit to a strategy? Barnard's family law team can review your circumstances, explain your options in plain language, and help you plan a fair, workable approach to maintenance and the broader financial settlement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
