When you say ‘I do’… to the kids, the ex, and maybe the maintenance bill
Your spouse's ex can claim maintenance from you if you don't have a prenup.
Image: Kaboompics.com / Pexels
It’s not unusual for people to get married to someone who already has children from a previous relationship.
But what many don’t realise is that because of the type of marriage contract you opt for, you could end up in the middle of a child maintenance claim, even if you’re not the biological parent.
Child maintenance disputes can get messy, especially when a previous relationship ended on a sour note.
South African attorney and TikTok creator, Legal Ames, recently shared a video explaining how it all works.
She says that if you marry in community of property to someone who already has children, their ex could potentially claim maintenance from you as well.
She explains that in a marriage in community of property, you and your spouse share a joint estate.
That means the court can look at both of your financial situations when deciding how much maintenance must be paid, because your assets and liabilities are combined.
If your spouse is unable to pay the full amount on their own, the court may view the joint estate as a source of funds, and that includes your share.
However, things are different when you’re married out of community of property.
You keep your estates separate, and because you are not the biological parent and don’t share a joint estate, the other parent cannot claim maintenance from you directly.
This is one reason why Ames strongly advises couples, especially those entering a marriage where there are children from previous relationships, to consider a prenup.
Under South African law, both biological parents have a legal duty to financially support their children.
The courts calculate maintenance based on the needs of the child and the financial means of the parents.
Ames’s video struck a chord online because many people are unaware of this legal nuance.
It’s a real problem that crops up when couples marry without fully understanding how their marital regime can impact financial obligations from previous relationships.
While many people believe that a prenup is there to protect your assets in case of divorce, it’s clear that it can also protect you from unexpected legal claims tied to your partner’s past.
IOL Lifestyle