Maintenance of Surviving Spouses Act, 1990 (Act No. 27 of 1990)

3. Determination of reasonable maintenance needs

Purchase cart Previous page Return to chapter overview Next page

 

In the determination of the reasonable maintenance needs of the survivor, the following factors shall be taken into account in addition to any other factor which should be taken into account:

(a)The amount in the estate of the deceased spouse available for distribution to heirs and legatees;
(b)the existing and expected means, earning capacity, financial needs and obligations of the survivor and the subsistence of the marriage; and
(c)the standard of living of the survivor during the subsistence of the marriage and his age at the death of the deceased spouse.