n South African Law Journal - A missed opportunity to achieve justice in respect of maintenance for divorced spouses whose former spouses die : : notes

Volume 128, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In 2010 (2) SA 507 (SCA) () the Supreme Court of Appeal delivered judgment on whether an order for maintenance made in terms of s 7(2) of the Divorce Act 70 of 1979 can be enforced against the deceased estate of the spouse who was ordered to pay maintenance (ie the maintenance debtor). Section 7(2) expressly deals with termination of the maintenance obligation by the death of the maintenance recipient, but is silent on the effect of the death of the maintenance debtor.

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