Maintenance claims, specifically in respect of children, are quite common during divorce proceedings, and our law recognises that both parents have an obligation to support their children financially. In South Africa, children are deemed to be majors when they reach the age of 18, which provides them with the required legal capacity to, inter alia, institute or defend legal proceedings in their own name and on their own behalf.
Reaching the age of majority (i.e 18 years of age) does not automatically mean that a child is self-supporting. While legally considered an adult, many major children are still in the process of completing their matric, or are commencing with their tertiary studies, which more often than not requires at least 3 years of dedication. Some children may have additional challenges, such as mental health issues or learning disabilities, which may affect their ability to support themselves. It is important to consider each individual case on its own merits, and take into account the child’s specific circumstances and needs when determining their level of financial dependency.
It is worth being clear about what majority does and does not change. A parent’s duty of support does not end when a child turns 18. It ends when the child becomes self-supporting, which may be well before or well after majority, and the enquiry is one of actual financial dependence rather than age. What majority does change is capacity: the child acquires the legal capacity to litigate in their own name.
Before 2022 that distinction created a practical difficulty. The position was that once a child reached 18, that child had to institute maintenance proceedings in their own name against a parent, even where the parents were themselves in the middle of a divorce in which every other financial issue was being resolved. This made divorce proceedings particularly difficult where the parties had major children who were still in need of financial support, because the child had to bring a separate claim and, in many cases, litigate against one parent while living with the other.
Recently, however, the Supreme Court of Appeal (SCA) in South Africa handed down a landmark judgment in Z v Z 2022 (5) SA 451 (SCA), which has brought about a change in respect of maintenance claims for children over the age of 18 during divorce proceedings. The Supreme Court of Appeal, in a unanimous judgment handed down on 21 July 2022, held that parties may claim maintenance on behalf of major children in divorce proceedings, despite these children having already reached the age of majority.
The reasoning turns on a single word in the statute. Section 6 of the Divorce Act 70 of 1979 prevents a court from granting a decree of divorce until it is satisfied that the arrangements made for the welfare of any minor or dependent child of the marriage are satisfactory. The Court held that the ordinary grammatical meaning of “child” and “dependant” in section 6 is not confined to minors, so a parent has the necessary locus standi in iudicio to bring the claim on behalf of a child who is over 18 but still financially dependent. The practical effect is that the dependent adult child’s maintenance can be dealt with in the divorce itself rather than in a separate action. It is important to bear in mind that this applies only to the major children of parties to divorce proceedings. A major child seeking maintenance from his/her divorced parents would still be required to approach the Maintenance Court in their own name for assistance.
Eligibility requirements for adult child maintenance
In South Africa, the law maintains that a parent may be obliged to pay maintenance for their adult child if the child is unable to support themselves due to factors such as illness, disability, or unemployment. In order to be eligible for maintenance, the child must not be able to support themselves financially and must show a need for financial assistance.
When determining what order would be appropriate in respect of maintenance, the Court will consider various factors, including the financial needs of the child, the financial resources of the parents, and any other relevant factors which the Court deems fit, such as the child’s tertiary education or ability to obtain gainful employment. For a detailed overview of how courts approach these calculations, see our guide on how child maintenance is calculated.
When determining the amount of maintenance that should be paid, the Court will take into account the financial needs of the child, the financial means of the parent, whether the child is able to contribute any portion to their own financial needs, as well as the standard of living of the child.
Tertiary education is the issue that arises most often in practice. Where it is within a parent’s means, the parent may be obliged to pay all or a reasonable part of the costs of the child’s tertiary education, for as long as the child applies himself or herself with due diligence and continues to make satisfactory academic progress. The obligation is therefore neither automatic nor open-ended. A child who abandons a course of study, or repeatedly fails, may find that the basis for the claim falls away, and the duty in any event ends once the child becomes self-supporting.
The duty is also a joint one. Both parents are obliged to contribute in proportion to their respective means under the Maintenance Act 99 of 1998, and where the adult child has income of their own, that income is taken into account in determining what the parents must contribute.
As mentioned above, Maintenance matters require consideration of the facts and circumstances of each individual case, and no general “blanket” provision can be applied in maintenance matters.
In conclusion, South African maintenance laws for adult children of parties to divorce proceedings are complex and require careful consideration of various factors. That being said, the position has changed for parents in divorce proceedings to be in a position to request the Court for this type of relief. Where children are involved in divorce, parenting plans should also be considered to address broader care and contact arrangements. It is important to consult with a qualified and experienced family law attorney who can provide guidance and advice on your specific situation. By working with an attorney, you can ensure that your rights and interests are protected.
Recent legislative development: Divorce Amendment Act 1 of 2024
On 14 May 2024, the Divorce Amendment Act 1 of 2024 came into effect, amending the Divorce Act 70 of 1979 to extend its protections to marriages entered into according to Islamic tenets (Muslim marriages). This amendment ensures that maintenance, care, contact and access provisions for minor and dependent children now expressly apply to children born of Muslim marriages — a significant step in recognising and protecting the rights of families in religiously-solemnised unions. While this amendment does not alter the position regarding adult child maintenance directly, it broadens the scope of divorce proceedings in which maintenance claims can be raised.
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Updated 25 August 2026 — Set out the statutory basis of the decision in Z v Z: section 6 of the Divorce Act 70 of 1979 refers to a minor or dependent child, and it is the word “dependent” that gives a parent standing to claim for a child over 18. Clarified the underlying rule that a parent’s duty of support ends when the child becomes self-supporting rather than at the age of 18, and that majority changes only the child’s capacity to litigate. Added the position on tertiary education, namely that a parent within means may be obliged to contribute for as long as the child applies due diligence and makes satisfactory progress, and the joint nature of the duty under the Maintenance Act 99 of 1998.
