Getting Maintenance While Waiting on Divorce in Zimbabwe

The law in Zimbabwe allows a husband or wife to request financial support from their spouse during a divorce case. Section 2(1)(b) of the Matrimonial Causes Act and Rule 67(1) of the High Court Rules provide either party the right to seek maintenance until the divorce is finalized.

The court considers several factors when deciding whether to award interim spousal support. It assesses the couple's lifestyle before they separated and their current financial situations. The judge also evaluates what each person needs to cover expenses while the divorce is pending.

Maintenance pending divorce aims to permit a husband or wife to sustain the standard of living they had during the marriage. Zimbabwean courts have affirmed this principle in cases such as Lindsay v Lindsay and Galante v Galante.

The law requires the financially stronger spouse to continue supporting the other. This prevents unfair economic hardship during the divorce process and ensures that neither party experiences a sudden decline in their accustomed lifestyle simply due to an ongoing marital dissolution action.
 

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