Question:

I filed for divorce and shortly after, my husband issued a talaq, claiming that our marriage ended under Islamic law and that he no longer has to pay me interim maintenance. Can he legally avoid his maintenance obligations in this way?

DBM‘s Steyn Jooste answers:

No…

The Western Cape High Court in September 2025 confirmed that a talaq issued after the institution of divorce proceedings does not prevent a spouse from claiming interim maintenance or other relief under South African law.

In S.W. vs A.L., the wife instituted divorce proceedings under the Divorce Act.

Shortly thereafter, her husband issued a written talaq, arguing that the marriage had been terminated in accordance with Islamic law and that his maintenance obligations ceased after the iddah period.

He further contended that the divorce summons had become moot.

The court rejected this argument and emphasised that Muslim marriages are expressly recognised and fall within the protective scope of the Divorce Act.

Once divorce litigation has commenced, only a court decree can dissolve the marriage for civil law purposes.

A unilateral religious divorce cannot overthrow the court’s jurisdiction or extinguish statutory remedies, including interim maintenance.

The judgment is firmly grounded in constitutional principles of equality, dignity and access to courts.

It ensures that financially vulnerable spouses are not deprived of legal protection through unilateral religious action.

Accordingly, where divorce proceedings are already pending, a talaq does not bar a maintenance claim, and the court retains full authority to grant appropriate interim relief.

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