Pretoria- The South Gauteng High Court in Johannesburg ordered a husband to pay his wife R200 000 pending the final divorce, as well as R100 000 towards her legal costs.
The order was made after the wife approached the court to claim interim spousal maintenance of R110 600 per month, wanted the husband to also pay her fuel costs, insurance, the annual license fee for her vehicle, her cellphone costs, R50 000 in respect of her relocation costs, a rental deposit and the first month's rental.
The two have been in a relationship since 2010 and got married in community of property in 2017, there were no children born in the marriage, however, the wife has an older child who lives with the couple.
In her court papers, she said she been unemployed since 2010, and the husband had always provided for her and her daughter.
She said that they maintained an above-average standard of living throughout their marriage despite her not working.
They live in a paid-up 4-bedroom house valued at R5.8 million and monthly expenses on the home come up to R202 300 on average. The husband also bought groceries.
She further added that the husband would deposit R117 200 to her account every month for her personal expenses.
On top of that, for about 11 years, the husband allowed her to use a credit card which she could spend between R40 000 and R50 000 per month, which is now unpaid.
They would also go on holiday in Cape Town for a month and stay in a luxury hotel. They also have been to Mauritius and Maldives.
She said they still stay together but in different rooms, after cooking, she leaves food by his bedroom door. She said the situation is destroying her mental health, hence she wants him to pay R50 000 towards her relocation expenses, rental deposit and the first month's rent.
In his opposing affidavit, he acknowledged that he is from a wealthy family. He explained that his parents acquired many successful businesses, for some of which he was made a director. When his parents were still alive, he would receive large sums of money and fund his exorbitant lifestyle.
However, since the passing of his parents, his financial position has changed drastically, as the wealth is managed through a Trust to which he is a trustee with his two siblings.
He said that his siblings are astute business people who refuse to fund his exorbitant lifestyle despite his requests and demands.
He also added that he has severe bipolar disorder, causing anxiety, panic attacks and severe depression for which he has taken medication since 2010.
He said his medical condition and medication caused his mental deterioration, which caused him to be mentally unstable, inoperable and bedridden since February 2022.
He said he earns R55 000 per month and receives benefits, including cellphone allowances and medical aid for himself, the wife and her daughter.
He also indicated that he does not intend to remove them from his medical aid as beneficiaries, however, he argued that he should not be held liable for his wife’s daughter as he did not adopt her.
He said he pays R25 000 every month for his child and has debts amounting to R1.7m and therefore cannot afford the amount requested by his wife.
After going through all the evidence, Judge AJ Mazibuko said there was no evidence that the wife needed to leave the matrimonial home and could not order the husband to pay fees for her relocation.
However, judge Mazibuko said the wife will be disadvantaged if the husband does not make a contribution towards her legal costs since she is not in a position to fund her litigation and ordered the husband to pay R100 000 for her legal costs.
The husband has also been ordered to pay his wife R200 000 every month, continue to retain her and her daughter on his medical aid at his cost, pending the finalisation of the divorce.
The wife will continue using the Mercedes-Benz C200 AMG and the husband must also continue to pay her cellphone costs.