In divorce proceedings in Nigeria alimony is known as maintenance under S. 69 of the Matrimonial Causes Act.
Alimony is increasingly called “spousal support” because it’s more gender neutral. The idea that a former husband can receive support from his ex – wife after a divorce is still a shock to some women. Halle Berry infamously lashed out at her baby daddy earlier this year.
A wife can be responsible for providing support to her husband post-divorce just like a husband can be responsible for providing support to his ex-wife. In Nakanda v. Nakanda the Nigerian Court of Appeal held that under the Matrimonial Causes Act, the position of the husband and the wife are the same and either party is entitled to maintenance from the other, provided the conditions in Section 70 of the Act are taken into consideration. The court further held that the old Common Law idea that the husband must maintain the wife is repugnant to the idea behind the Matrimonial Causes Act.
How do you know when you might be one of the women who finds herself having to pay spousal maintenace or support?
Spousal support is based on need and ability to pay. If you don’t make significantly more than your husband, you won’t have to pay spousal maintenance, and you can stop reading now.
The High Court is empowered by section 70 of the Matrimonial Causes Act to make various orders in respect of the maintenance of spouses. By virtue of the provisions of Section 70(1)(2) of the Matrimonial Causes Act, in granting maintenance, the Court is required to consider what is just and equitable in the circumstances of each case, having regard to the means, earning capacity, the conduct of the parties to the marriage and all other relevant circumstances. There is no specific formula for determining spousal maintenance. In practice courts have been known to consider the length of the marriage (Ajakpe v Ajakpe) and the conduct of the parties when making maintenance orders.
Don’t get caught by the law. Protect your assets in marriage. A prenup is an excellent idea and if you didn’t think of one before its not too late, you can also get a post cup. Do they work in Nigeria? The answer is a resounding yes and I have written about it here and here.
If you have more questions or want to know more please feel free to contact me here.
MzAgams 