Yes, creditors may still claim from you after divorce if you remain legally liable for the debt. A divorce settlement that allocates payment to your ex-spouse does not automatically release you from a loan, a valid suretyship or liability arising from your former matrimonial property regime. However, being an ex-spouse does not make you responsible for every debt your former partner owes.
Your medical aid arrangements may change after divorce. Whether you can remain on your former spouse’s scheme depends on the law and the scheme’s registered rules. Who must pay the contributions and other medical expenses is a separate question, governed by any applicable maintenance agreement or court order.
Maintenance claims in a deceased estate allow certain dependants—such as spouses and minor children—to claim financial support from the estate if they are unable to maintain themselves. These claims can override or reduce inheritances and must be considered before the estate is finalised.
Business interests, such as start-ups and private company shares, can significantly affect divorce outcomes. Valuation, disclosure, marital property regimes, and confidentiality all play crucial roles in determining how these assets are identified, assessed, and divided.
South Africa recognises three matrimonial property systems: community of property, out of community of property without accrual, and out of community of property with accrual, each with different implications for assets, debts, and estate management.