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.
Once a child reaches the age of 18 years, the Court requires that child to institute maintenance proceedings in their own name against their parents’, should he/she not yet be self-supporting or financially independent. This made divorce proceedings particularly difficult when parties’ to divorce proceedings had major children, who were still in need of financial support.
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 held that parties may now claim maintenance on behalf of major children in divorce proceedings, despite these children having already reached the age of majority. 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.
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.
Family Law Services from Pagel Schulenburg
We pride ourselves in providing exceptional legal advice and support in all areas relating to family law. Our breadth and depth of experience ensure an empathetic and effective approach to the difficulties you face. Our expert legal team is able to provide the necessary expertise to help you with all your family-related legal affairs. For assistance, please contact us – 011 463 1214 | info@pagelinc.co.za.
Updated 14 April 2026 — Added explicit reference to the SCA judgment in Z v Z 2022 (5) SA 451 (SCA) and a section on the Divorce Amendment Act 1 of 2024 (Muslim marriages).
