CHIOMBA v CHIOMBA 1992 (2) ZLR 197 (S)

Flynote

Family law — maintenance after divorce — whether wife entitled to maintenance until death or remarriage if able to work and support herself

Headnote

When a woman applies for maintenance at the time of divorce in terms of s 7(1)(b) of the Matrimonial Causes Act 1985 the criteria to be applied are set out in s 7(3) of the Act. It used to be thought that the where an "innocent" woman divorced her husband on the ground of his misconduct she was entitled to maintenance until her death or remarriage, whether or not she was able to work and support herself. This is not the position today. The changed attitude of the court has been brought about by the emergence of the working wife and "woman's liberation".

When deciding upon the issue of maintenance for women who are able to work these general guidelines, enunciated by Professor Hahlo concerning South African law, may be used in Zimbabwe as they are in accordance with the intention underlying the provisions relating to maintenance in the Matrimonial Causes Act:

• Marriage can no longer be seen as providing a woman a bread ticket for life. A marriage certificate is not a guarantee of maintenance after the marriage has been dissolved.

• Young women who worked before marriage and are able to work and support themselves after divorce will not be awarded maintenance if they have no young children. If a young woman has given up work she will be awarded short term maintenance to tide her over until she finds a new job.

• Middle-aged women who have devoted themselves for years to the management of the household and care of the children should be given "rehabilitative" maintenance for a period long enough to enable them to be trained or retrained for a job or a profession.

• Elderly women who have been married for a long time and are too old to now go out and earn a living and are unlikely to remarry will require permanent maintenance.

In the present case the court held that the wife was not entitled to be maintained because there was an even balance between the parties regarding their responsibilities, prospects, youth and income after the payment of maintenance.