Astonished judge tells ‘unemployable’ wife to find work

PULL in your belt and find a job if you want to maintain your lavish lifestyle.

This was the message a judge had for a mother of three who is divorcing her husband.

The woman turned to the South Gauteng High Court where she demanded more maintenance payment for her and her children, pending the outcome of their divorce settlement.

While her estranged husband earns a salary of R36 100 a month, the 27-yearold woman told the court her monthly expenses totalled R53 000.

She added that her husband, “a staunch Greek Othodox”, never allowed her to work. Thus, not used to going to work daily, coupled by the demands made by her three small children, she is unemployable.

But this did not go down well with the judge, who said he was astounded by her monthly expenses in light of her husband’s income.

According to the judge, the woman is pushing for a lifestyle her husband simply cannot afford – not while they were married and not now.

“Quite simply, the applicant has painted herself as an unreasonable person,” acting Judge NN Bam said.

The woman demanded a total of R20 000 maintenance a month for her and the children, more than R9 000 for municipal fees. He has to pay their medical aid, as well as more than R10 000 a month towards the children’s private school fees.

In addition, the woman said her husband had to pay R20 000 towards her legal fees. He also had to foot the bill for this application.

The husband in turn said he simply could not afford this. As things stand, he is living with his parents and already paying the bulk of his monthly salary towards his estranged wife and children. He barely has money left to pay for his petrol and toiletries.

But the woman was adamant that it was his fault that she was “unemployable”. She said as a staunch Orthodox Greek, he never allowed her to work as only she and the grandmothers were allowed to take care of the children.

She said she held a degree in architecture, but she never worked in this field. Her husband, on the other hand, said she chose not to work.

The judge asked whether there were any health issues which prevented her from working, to which she answered no. In his judgment he said: “I found it astonishing, to say the least, that she concluded that she is unemployable.”

He accepted that she did not have practical experience in her field, but he said many young graduates face the same problem and her situation was not unique.

“I accept that there are challenges in restarting one’s life after having spent time at home as a home maker. However, often women, some at advanced ages and impelled by financial difficulties, do find a way to make it work.”

The judge rejected the notion that she was unemployable.

The woman said she was staying in a house which is owned by her parents and they do give her R17 000 a month to pad her income and she has a tenant, but she is still running short of cash.

The total amount she wanted from her husband, which included his contributions towards medical aid and other expenses, was about R34 600, the judge calculated. This, he said, must be measured against his income of R36 100.

The judge suggested the woman step-up efforts to find a job. He said she had a choice to tone down her expenses.

He said the theme of her court papers is that she wanted everything she desired.

The judge, at the end, ordered the husband to pay R3 800 a month towards his wife and R2 500 per child, pending the finalisation of the divorce. He refused her demand of R20 000 towards her legal fees.