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Long-term relationships don’t always come with paperwork. Many couples in South Africa live together for years—raising children, sharing homes, combining finances—without ever getting married. When these relationships end, the emotional and financial fallout can be just as difficult as a divorce, but the legal consequences are often very different.
One of the most common questions asked by someone leaving a long-term cohabiting relationship is: Can I claim maintenance? If you earned less, took on childcare, supported your partner’s career, or left your own behind to manage the household, it’s natural to wonder if you’re entitled to financial support.
The answer depends entirely on the legal status of your relationship. And this is where many people are caught off guard—because under South African law, being in a long-term relationship does not automatically create a right to maintenance.
This article unpacks everything you need to know: when maintenance applies, what legal remedies (if any) are available to unmarried partners, and how to safeguard your rights before and after separation.
Maintenance is a legal obligation—one that exists to ensure that vulnerable family members are not left without support. But in South African law, the right to claim maintenance depends heavily on your relationship status.
Spousal maintenance refers to financial support that one spouse may be ordered to pay the other after a legal divorce. It’s governed by the Divorce Act, and it applies only when:
The parties were legally married (civil, civil union, or customary marriage), and
One spouse cannot reasonably support themselves after the divorce
The courts don’t automatically award spousal maintenance. It’s based on need, ability to pay, and fairness, taking into account each party’s income, health, standard of living during the marriage, and contributions made (financial or otherwise).
Child maintenance is a completely separate legal obligation. It applies regardless of marital status, and it’s enforced under the Maintenance Act. Both parents—whether married, divorced, separated, or never legally together—are required to contribute financially to their child’s upbringing.
If you have children with your former partner, you can claim maintenance through the Maintenance Court, even if you were never married.
If you were never married, there is no automatic right to spousal maintenance in South African law. This can come as a shock to many people who have lived in long-term partnerships—especially when their role in the relationship was supportive, not financial.
Understanding this distinction is the first step in exploring what other legal options may be available.
It’s a common belief that if you live with someone long enough, the law will treat your relationship like a marriage. Many refer to this as a “common-law marriage”—but under South African law, no such concept exists.
No matter how many years you’ve lived together, or how much you’ve shared emotionally and practically, cohabiting partners do not have the same legal rights as married spouses.
This includes:
The courts cannot impose maintenance obligations between former cohabiting partners because there’s no law that creates that duty. The Divorce Act, which governs spousal maintenance, applies only to legally married couples. If you weren’t married, it simply doesn’t apply.
If you:
…you might expect some form of compensation when the relationship ends. But unless you were legally married or have a contract in place, you have no automatic right to claim maintenance.
This legal gap is where many people—especially women who’ve earned less during the relationship—find themselves financially vulnerable. It’s also where legal advice becomes essential.
While South African law doesn’t recognise a right to spousal maintenance between cohabiting partners, it does impose a clear and enforceable duty when it comes to children.
If you and your former partner share children—regardless of whether you were ever married—you both remain legally responsible for their financial support. This obligation exists under the Maintenance Act and is reinforced by the Children’s Act, which prioritises the best interests of the child.
Child maintenance includes the cost of:
Both parents must contribute according to their means. If one parent earns more, they may be expected to contribute a greater share. If a parent refuses to contribute, the other can take legal steps.
To claim child maintenance, you can approach the Maintenance Court in your area. The process is designed to be accessible and doesn’t require you to be legally represented.
You will need:
The court will evaluate both parents’ finances and issue a maintenance order setting out how much should be paid and how often.
Spousal maintenance may not apply if you weren’t married, but child maintenance does. This legal duty stands on its own and cannot be waived, even by agreement between the parents.
Although South African law does not entitle unmarried partners to spousal maintenance, it may still offer limited financial recourse—not as maintenance, but as compensation for specific contributions made during the relationship.
There are two possible legal pathways: universal partnership claims and unjust enrichment claims. Neither gives you ongoing support, but they may allow you to recover value or assets you helped build or maintain.
A universal partnership is a legal concept that may apply where two people, although not married, lived and worked together as though they were in a joint financial venture.
To succeed with this claim, you must show:
If the court agrees that such a partnership existed, it may award you a share of the assets acquired during the relationship. This is not maintenance—but it may be a way to access a portion of the wealth you helped create.
If you cannot prove a universal partnership, you may consider a claim for unjust enrichment.
This applies if:
This is typically used when one partner invests in renovations, helps grow a business, or covers joint expenses, and the other walks away with the benefit.
It’s a more difficult claim to prove than universal partnership, but it’s another route the law allows in the absence of formal marriage.
They do not entitle you to future financial support
The burden of proof lies with the person bringing the claim
Litigation can be time-consuming and costly, and outcomes are never guaranteed
These claims are best pursued with the guidance of an experienced attorney who can assess the strength of your case and advise you on the most appropriate legal strategy.
Ending a long-term cohabiting relationship raises a host of legal and practical questions—especially if you shared a home, raised children, or sacrificed your own financial growth to support the household. Here are some of the most common concerns people have, and what the law in South Africa says in response.
If the house is registered in your name, yes. If it’s in your partner’s name and you weren’t married, you don’t have an automatic right to stay, even if you’ve lived there for years.
However, if you contributed financially to the property, you might have a legal basis to claim compensation or a share in its value through a universal partnership or unjust enrichment claim.
If there are children involved, courts may consider what's in their best interest when deciding who stays in the home.
Not automatically. If you were not married, you have no claim to jointly acquired property unless:
The assumption that long-term cohabitation leads to legal entitlement is not supported by South African law.
Many people contribute to a relationship in non-financial ways—raising children, managing the household, supporting a partner’s career. While these are deeply valuable, the law doesn’t treat them as a basis for maintenance unless you were legally married.
However, if your domestic contributions helped grow your partner’s wealth, you may have a case under universal partnership or unjust enrichment principles.
Possibly—but not through spousal maintenance. You may be able to claim a portion of the assets if you can prove you worked toward a shared estate or enriched your partner without compensation. These are complex claims and require legal support.
If you share a child and the other parent refuses to contribute financially, you can take them to the Maintenance Court. They are legally required to provide support, and the court can issue a maintenance order enforcing payment.
Many people in long-term cohabiting relationships don’t realise they’re legally vulnerable until it’s too late. They assume that emotional commitment, shared years, and domestic contributions will count for something—until they’re faced with the legal reality that the law offers very limited protection if you weren’t married.
The result is often devastating:
These outcomes can usually be avoided through proactive legal planning.
Cohabitation without legal structure is a risk — especially for those who earned less, worked informally, or supported their partner in non-financial ways. Legal advice gives you the tools to manage that risk with confidence.
When relationships end, the emotional toll is often matched by financial uncertainty—especially for those who were never legally married. Whether you're concerned about spousal maintenance, child support, or your financial stake in a shared life, professional legal guidance can help you make informed decisions.
At Van Deventer and Van Deventer Inc., we assist individuals in navigating the legal grey areas that often come with long-term cohabitation. We help you clarify your rights, explore possible claims, and, where appropriate, take legal steps to protect what you've contributed.
Our Family Law Services Include:
If you’ve built a life with someone—shared a home, raised children, supported their career—it’s natural to expect some level of protection when the relationship ends. But unless you were legally married, South African law does not give you automatic rights to maintenance or shared assets.
That doesn’t mean you’re without options. Understanding the difference between spousal maintenance, child maintenance, and alternative remedies like universal partnership claims can help you take the right steps. More importantly, seeking legal advice early—before conflict escalates or decisions are made in haste—can make all the difference.
Whether you're considering separation or simply want to protect yourself in a relationship where your financial position is unequal, Van Deventer and Van Deventer Inc. is here to help. We’ll walk you through your options with honesty and care—and help you secure the stability you deserve.
Contact us.
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