Wife married in community of property gets share in estate after 30 years of service in marriage
Divorce court rules in favour of wife after 30 years of dedicated service to her husband.
Image: Pexels
A 58-year-old woman has triumphed in her quest for justice after devoting more than three decades to caring for her husband and his family.
The ruling, delivered by Judge Pieter Bezuidenhout, recognised the wife's devotion and sacrifices, countering her husband's perceived entitlement to keep his wealth unaided by the commitment of their shared life together.
The wife, who testified at the KwaZulu-Natal High Court in Pietermaritzburg, painted a picture of a marriage marred by her husband's unwillingness to share financial responsibilities. Despite her integral role in his business and the rearing of his young daughter from a previous relationship, she stood at the brink of financial hardship following their divorce.
The ordeal began when the husband, now 70, adopted a steadfast belief that his wife should have made independent financial provisions for herself, neglecting the fact that their union was defined by her unwavering dedication.
She began working for her husband as a receptionist in 1987, immediately after completing Grade 10 at the age of 18. Her duties, which included reception and typing, supported her husband's work as an attorney specialising in legal and conveyancing matters. She remained in this role until 1990.
At the time, the husband was still married to his first wife. After going on their first date, he initiated divorce proceedings against his first wife, and they moved in together in 1993 before marrying in community of property without the accrual in 1999, until she left the matrimonial home in 2023.
Throughout their union, the wife juggled responsibilities not only for her husband’s career but also for his young daughter from a previous marriage, all while maintaining the household. Her unwavering dedication, which included taking on the dual role of a supportive partner and a caretaker, saw her neglect her own interests and financial independence.
Meanwhile, the husband, now 70 years old, maintained a lifestyle full of hobbies, including skydiving, while her role often went unacknowledged. She remained a cheerful supporter, even going so far as to master the intricate equipment, learning to pack it and regularly accompanying him to the drop zone to offer her assistance.
She explained that she had made no contributions to a retirement fund, as she was not in a position to do so, and he consistently assured her it was unnecessary since he would provide for her. Furthermore, she was named as the beneficiary on his life insurance policy.
In his testimony, he conceded that she performed typical wifely duties, despite the presence of full-time staff. These tasks included preparing his coffee, pouring his whisky, and mending any garments that required repair. Furthermore, she actively participated in his skydiving hobby, packing his parachute, and clearly enjoyed accompanying him to the site.
When asked if there is any reason why she would not get anything out from the marriage, the husband insisted that the wife should have made independent financial provisions and claimed she had misrepresented her financial standing. He argued that any lack of assets was due to her failure to heed his advice to seek employment that would provide for her future.
However, the court recognised the wife's contributions, noting that she had been instrumental in various aspects of the husband's life and career. Judge Bezuidenhout expressed disbelief at the husband's expectation that his wife should have been financially self-sufficient despite her longstanding commitment to their family.
The judge pointed out the fundamental responsibilities shared in a marriage that had lasted over three decades, which included caring for the family and supporting her husband during his professional endeavours.
Judge Bezuidenhout granted the divorce and ordered the husband to pay his wife 40% of the net value of his estate within three months and additionally mandated he provide R20,000 per month for the next year
IOL