'Former Free State MPL' gets to keep his money after short-lived marriage to woman 39 years his junior

A woman who was married to a man 39 years her senior will not benefit from their community of property agreement, the Free State High Court has ordered.

The woman instituted divorce proceedings against her husband, whom she married in October 2019 in Kimberley. They have a minor child who was born out of the relationship before their marriage in 2015.

The woman sought an order to divide the joint estate, which included his R5m living annuity.  

The man said he built up his estate before they were married and that even during its short duration, the woman did not contribute thereto. He said if her benefit was not forfeited, she would unduly benefit. 

The man said the marriage broke down due to the age gap between them. In addition, he felt the woman married him to secure financial wealth, advance herself in the political arena using his influence and benefit from his estate. 

The woman testified that they met in 2012 while she was a political science student and he a high-ranking member of the Free State legislature. He has since retired.

They were engaged in 2014. In 2017 she bought a property and though they were meant to live together there, they were often estranged. 

After registering their marriage in October 2019, they lived separately until January 2020, when she and the child moved into the property where her husband resided. The man had suggested they could reduce their expenses by cohabiting.

The woman didn't want to live at his house because it was in a complex and she owned a luxury, stand-alone property, which she and the child returned to in November 2020.  

In divorce proceedings, the man said he had always maintained the child financially and continued to spend time and interact meaningfully with the youngster.

The court said the action required an assessment of respective contributions made by the parties at the commencement of the marriage and during the course thereof.

Though the woman sought an order for the division of the joint estate, much of the focus was on the husband’s R5m living annuity, the court said, adding that there was scant mention of the three properties the man owned.  

“Upon a narrow consideration of this asset alone, clearly it was established that the [woman] would benefit by an equal division of this asset.” 

The court said for the duration of the time the parties lived together and while they were married, the evidence demonstrated the only shared expenses were in relation to the child.  

“They acted independently of each other and managed their separate estates.”

In granting the divorce, the court awarded primary custody of the child to the woman and ordered the man to pay maintenance of R7,000 a month.

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