Enhle Mbali Mlotshwa’s court victory reignites debate on spousal maintenance after divorce

The topic of post-divorce spousal maintenance has once again been thrust into the spotlight following a recent Instagram post by media personality and actor, Enhle Mbali Mlotshwa.

The mother of two announced that her divorce from DJ Black Coffee has finally been settled, after several years of legal back and forth.

Mlotshwa posted pictures of people she says have stood beside her, including her legal team, who secured a win for the 37-year-old in the South Gauteng High Court.

Earlier in October, the court officially recognised the pair's customary marriage, dismissing Black Coffee's (real name Nkosinathi Innocent Maphumulo) claim that the pair had an antenuptial agreement in place.

He was also ordered to pay R15,000 in spousal maintenance and a monthly sum of R50,000 in child support.

It's believed Mlotshwa will also receive 50% of her ex-husband's assets. Maphumulo's net worth is estimated to be around R1.38 billion.

Attorney Claire Thompson said there are two fundamental questions to ask when it comes to assessing an application for spousal maintenance.

"One is, what is the need of the spouse... and what is the means of the person who is being asked to pay?"

She added that too often, people disregarded the two components of the marriage, as being emotional and legal.

"The embarking on a legal marriage brings about with it certain consequences, and those consequences are generally financial."

She said it could be difficult to reconcile the two.

"How is it that we reconcile the deep, deep feelings we have for one another and also then talk about money, which can be very, very difficult?"

And like in the case of Black Coffee, Thompson warned that customary marriages hold legal weight, and do not exempt a spouse from post-divorce financial obligations.

"People do not know that when they start negotiating and the first labola payment is paid, that that can constitute a marriage."

For many people, especially those who live in the cities, she said, the customary laws exist "at home".

"They might live more urban lives and so the formation in their minds of the marriage is when the 'white' wedding takes place."

The ramifications of this can be difficult for some to come to terms with, she said, adding that for many there was a sense of utter disbelief when they are told, like Black Coffee, that they are married in community of property.

"And then to be told, you can change that, but it's an expensive process."

To listen to Claire Thomson on The Aubrey Masango Show, click on the audio below: