Maintenance of Surviving Spouses Act, 1990 (Act No. 27 of 1990)3. Determination of reasonable maintenance needs |
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. |