Death of the Breadwinner and the Continuation of the Duty of Spousal Support: Discrepancies and Inequalities for Different Categories of Surviving Partners

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

View Publication Info
 
 
Field Value
 
Title Death of the Breadwinner and the Continuation of the Duty of Spousal Support: Discrepancies and Inequalities for Different Categories of Surviving Partners
 
Creator Bonthuys, Elsje
 
Subject spousal duty to maintain
unmarried intimate partners
widows
ex wives
action for loss of support
maintenance
death
 
Description This note considers the extension of the duty of spousal support after the death of the breadwinner by comparing the rights of different categories of surviving maintenance claimants, who tend to be mostly women: widows of the deceased, unmarried intimate partners of the deceased and ex-wives and ex-partners of the deceased. Financial support can be provided from the deceased estate in the form of a right to share in the joint matrimonial estate, a right to intestate succession, a right to claim from the estate in terms of the Maintenance of Surviving Spouses Act and a right to claim for loss of support from third parties who who caused the death of the deceased breadwinner. Comparing different categories of women, it becomes clear that the law disproportionately benefits widows over other partners and that the rights of ex-spouses are being gradually eroded by the jurisprudence. There is also a discrepancy between rights to claim against deceased estates, which favours widows, on the one hand, and rights to claim against third parties, which is available to a far larger group of surviving maintenance claimants, on the other hand. The note analyses the gendered causes and consequences of these differences. 
 
Publisher Faculty of Law, North-West University, South Africa
 
Date 2020-12-08
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer reviewed article
 
Format application/pdf
text/plain
application/epub+zip
 
Identifier https://journals.assaf.org.za/index.php/per/article/view/7996
10.17159/1727-3781/2020/v23i0a7996
 
Source Potchefstroom Electronic Law Journal; Vol 23 (2020); 1-19
1727-3781
 
Language eng
 
Relation https://journals.assaf.org.za/index.php/per/article/view/7996/10758
https://journals.assaf.org.za/index.php/per/article/view/7996/10759
https://journals.assaf.org.za/index.php/per/article/view/7996/10776
 
Rights Copyright (c) 2020 Elsje Bonthuys
http://creativecommons.org/licenses/by/4.0
 

Contact Us

The PKP Index is an initiative of the Public Knowledge Project.

For PKP Publishing Services please use the PKP|PS contact form.

For support with PKP software we encourage users to consult our wiki for documentation and search our support forums.

For any other correspondence feel free to contact us using the PKP contact form.

Find Us

Twitter

Copyright © 2015-2018 Simon Fraser University Library