Article by Anashya Jugmohan |
As a Family Law Specialist, I frequently receive calls from individuals who feel trapped in relationships—not just emotionally, but financially. The stories vary. Some partners control every cent in the household, making their spouse beg for money just to buy basic necessities. Others abruptly cut off financial support the moment they realize their partner is considering separation. And some are left completely stranded with children to care for, while their financially dominant partner withholds support out of spite.
This is financial abuse, and it is more common than people realize. Financial abuse is often invisible, lurking behind closed doors in bank statements, unpaid bills, and whispered requests for money. Like other forms of abuse, financial abuse is aimed (whether consciously or not) at robbing a person of independence, dignity, and the ability to leave a toxic or harmful relationship.
If you are experiencing this, you are not alone. And more importantly, you have options available to you in law.
What is Financial Abuse?
Financial abuse, also called economic abuse, happens when one person controls another’s financial resources in a way that limits their independence or well-being. It is a recognized form of domestic violence under South African law. It can take many forms:
- A partner who takes control of all income and bank accounts, refusing to let the other have access to money. Of course, there are circumstances where this may be consented to or necessary, for example if one spouse is a recovering gambling, drug or other addict that requires restricted funds in recovery, and so each case must be considered on it’s own context and history.
- A spouse who prevents the other from working or forces them to hand over their salary.
- A situation where one person deliberately withholds financial support, even for food, medical care, or a child’s basic needs.
- Running up debts in a partner’s name without their knowledge or consent.
Many people in financially abusive relationships often don’t even realize what’s happening at first. It sometimes starts subtly—one partner “taking charge” of household expenses, “suggesting” the other quit their job, or discouraging them from having their own bank account. Over time, this power imbalance grows, leaving the victim trapped and afraid to leave because they have no financial means to survive on their own.
So what can you do if you find yourself in this situation?
Legal Options for Immediate Relief
There are legal remedies available, whether you are in the middle of a divorce or simply trying to break free from a controlling partner.
1. Interim Maintenance During Divorce – Rule 43 and Rule 58 Applications
If you are going through a divorce, South African law allows you to apply for interim maintenance—a temporary financial order that provides relief until the divorce is finalized.
Under Rule 43 (for High Court cases) or Rule 58 (for Regional and Magistrates’ Courts), a spouse can apply for (amongst other interim relief such as relates to interim contact arrangements for minor children):
- Monthly maintenance to cover their own and their children’s expenses.
- Assistance with legal fees to ensure both parties have fair representation.
- Payments towards essential expenses like school fees, rent, and medical aid.
This legal mechanism is especially crucial for stay-at-home parents or those who have been financially dependent on their partner for years.
2. Urgent Financial Assistance in Domestic Violence Cases
Financial abuse is a form of domestic violence, and the law recognizes it as such. If you are in a dire situation—where your partner has suddenly cut off financial support and / or you are a victim of other forms of abuse, and you cannot afford necessities like food, rent, or baby formula—you can apply for an Interim Protection Order under the Domestic Violence Act.
An Interim Protection Order can be used to immediately prevent further abuses and, in the context of financial abuse, it can also be used to secure emergency monetary relief. The Court can order the abuser to provide financial support while further legal proceedings take place. This option is particularly important for those who are in immediate distress and cannot wait for a lengthy legal process.
Reclaiming Your Financial Independence
Many victims of financial abuse feel powerless, but the truth is, the law is on your side. Whether through a maintenance application during divorce or an urgent request for financial assistance under a domestic violence order, there are ways to break free from economic control.
