Man ordered by court to financially support stepchildren after divorce

Updated March 13, 2026, 8:19 a.m. | By Carol Ofori

A court has ruled that a divorced man must continue supporting his stepchildren financially, setting a powerful precedent about the responsibilities of step-parents.

Law concept on black background / iStock

A South African man has been unsuccessful in his attempt to avoid paying maintenance for his former wife's children, after the Western Cape High Court ruled he had taken on the role of a parent during the marriage and could not simply walk away from that responsibility.

The court handed down an order compelling him to pay R40,000 per month towards the upkeep of the two teenagers, keep them on his medical aid, settle medical costs, contribute up to R35,000 monthly toward rental, and pay R1 million toward his ex-wife's legal fees.

According to TimesLIVE, the bench found that the children, now aged 14 and 16, had built their lives around a certain standard of comfort that the man had provided, and that removing that support would be detrimental to their wellbeing.

ALSO READ: Court blunder sees father's maintenance reduced after High Court corrects calculations

Can conduct during a marriage determine financial obligations after divorce?

The man had never formally adopted the children and argued he bore no legal duty to maintain them. He pointed out that their biological father was actively involved and contributed around R7,000 monthly, and that his ex-wife earned her own income as a dietician.

His own words, however, told a different story. A message he circulated to his staff when the separation was announced indicated he intended to remain present and committed to the children's education, experiences and wellbeing going forward.

His ex-wife told the court that the family had lived comfortably on his generosity throughout the marriage, and that when he withdrew his financial contributions following their 2023 separation, the impact on the children was deeply unsettling.

What are the broader implications for step-parents?

The ruling signals that step-parents who immerse themselves in a child's upbringing may be held accountable for maintaining that support beyond the marriage. Verbal commitments and patterns of behaviour carry weight in court, and those who present themselves as parental figures may find that the law expects them to honour that role.

The court also confirmed that a child's constitutional right to parental care was not limited to biological parents but extended to those who had genuinely filled that role.

ALSO READ: No burial for ‘deadbeat’ dad as son refuses to claim body in KZN mortuary