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When people divorce, usually there is a lot of acrimony between the divorcing parties since there are a lot of issues that are supposed to be worked at upon divorce. There are accusations and counter accusations of who could have caused the hostilities.
Another issue would be who gets what in terms of matrimonial property.
If the parties have children the issue of who takes the children is also central.
For the parent who takes custody, he or she also requires maintenance for the children from the non-custodial parent.
Even in situations where there are no children, the issue of maintenance is also a thorny one since either party may require to be maintained by the other.
Therefore there are a lot of emotions that arise and frequently this is one of the stumbling blocks in terms of a smooth and swift divorce.
In as much as it is given, that minor children of the marriage require maintenance upon divorce of their parents, the High Court, being the upper guardian of minor children, makes sure that their welfare is guaranteed and hence a maintenance order in favour of the custodian parent is granted.
However, there is one issue that has not received as much attention and rave as the others upon divorce and this is what is called spousal maintenance.