Can one apply for maintenance pending divorce in Zimbabwe?

The simple answer is yes. Both the High Court Rules and the Matrimonial Causes Act [Chapter 5:13] among other things, provide for maintenance pending a decree of divorce in Zimbabwe. This is also known as maintenance pendete lite.

An application for maintenance pending divorce is only a temporary relief. In deciding whether or not to grant such an application, the court will base its decision on the facts and the circumstances surrounding the case. The courts generally arrive at a figure which will allow for the continuation of a comparable standard of living to that formerly enjoyed by the spouse.

The court will exercise its discretion by taking into account its own experiences as well as any information which is availed by the parties. In these times of inflation in Zimbabwe, it is not uncommon, for a party to also apply for an upward variation of the maintenance. All in all, a spouse is prior to divorce entitled to continue enjoying the lifestyle to which he or she has become accustomed to.