Introduction to claiming maintenance after divorce

Imagine that a spouse spends over ten years in marriage, supporting her husband or his wife, raising children, and sacrificing career opportunities. The marriage eventually breaks down irretrievably, and a dissolution decree is granted. Suddenly, the spouse is left without financial support, struggling to maintain the same standard of living the spouse once had. Then come this question: can a wife/husband claim maintenance after divorce in Nigeria?

This question is not just emotional, it is deeply legal. Under Nigerian law, particularly the Matrimonial Causes Act,  maintenance (also known as ancillary relief) is a recognised remedy designed to protect financially vulnerable spouses after divorce.

CLAIMING MAINTENANCE AFTER DIVORCE IN NIGERIA

Maintenance, often referred to as alimony, is a financial provision ordered by the court for the support of a spouse or children after separation or divorce.

Under Nigerian law, maintenance is classified as an ancillary relief, meaning it is not a standalone claim but must be attached to a matrimonial proceeding such as divorce or judicial separation. The purpose of maintenance is not to enrich a spouse but to ensure that the receiving party does not fall below the standard of living enjoyed during the marriage.

LEGAL BASIS FOR CLAIMING MAINTENANCE AFTER DIVORCE IN NIGERIA

The primary law governing maintenance in Nigeria is the Matrimonial Causes Act (MCA). Section 69 MCA  provides for maintenance orders. Section 70 MCA  empowers the court to order maintenance for either spouses and Section 72 MCA allows settlement of property and financial provisions.

Under these provisions, the court has wide discretion to grant maintenance to either party to a marriage.  Importantly, the law is gender-neutral. This means that although it is more common for wives to claim maintenance, either spouse can apply for maintenance depending on financial circumstances. In the case of Nakanda v. Nakanda (CA), the Court of Appeal emphasised that under the Matrimonial Causes Act, both husband and wife are equally entitled to claim maintenance, rejecting the old common law notion that only wives are entitled. However, courts have also acknowledged the influence of common law principles. In Erhahon v. Erhahon (CA), the Court of Appeal reiterated the traditional view that a husband has a duty to maintain his wife, although modern law now recognises equality between spouses.

CAN A WIFE CLAIMING MAINTENANCE AFTER DIVORCE IN NIGERIA:

The simple answer is yes. A wife can claim maintenance during divorce proceedings (maintenance pendente lite) and after divorce (permanent maintenance) However, such a claim must be made as part of matrimonial proceedings and not as an independent action.

The Court of Appeal affirmed this position in Ugbah v. Ugbah (2009) 3 NWLR (Pt. 1127) 124, where it held that maintenance is an ancillary relief and must be tied to a substantive matrimonial cause.

This authority firmly establishes the procedural requirement in answering whether a wife can claim maintenance after divorce in Nigeria.

FACTORS CONSIDERED BY COURTS IN GRANTING MAINTENANCE

Even though the law allows a wife/husband to claim maintenance, it is not automatic. Courts exercise discretion and consider several factors, including:

• The income and earning capacity of both parties
• The financial needs of the wife
• The standard of living during the marriage
• The conduct of the parties
• The presence of children

The Matrimonial Causes Act expressly empowers courts to consider these factors when making maintenance orders.

Thus, in determining whether a wife/husband can claim maintenance after divorce in Nigeria, the court focuses on fairness and equity.

WHEN WILL A SPOUSE BE DENIED MAINTENANCE?CLAIMING MAINTENANCE IN NIGERIA)

While the law allows a wife/husband to claim maintenance after divorce in Nigeria, there are situations where such claims may fail. A wife/husband may be denied maintenance where:

• She/he is financially independent and capable of maintaining herself
• She/he fails to prove need
• Her/His conduct significantly affects the claim
• The marriage is not a statutory marriage (e.g., customary or Islamic marriage)

DURATION OF MAINTENANCE

Another key issue in determining whether a wife can claim maintenance after divorce in Nigeria is duration.

Maintenance may:

• Be temporary or permanent;
• End upon remarriage of the wife;
• Be varied or discharged by the court

The court retains the power to review maintenance orders based on changing circumstances.

MAINTENANCE AND CHILDREN

Where children are involved, maintenance often extends beyond the spouse to include child support. The Matrimonial Causes Act allows the court to order maintenance for children alongside spousal maintenance, ensuring their welfare is protected.

In practice, maintenance payments are often directed to the spouse who has custody of the children.

CONCLUSION

So, can a wife/Husband claim maintenance (ancillary reliefs) after divorce in Nigeria? The answer is clearly yes, but not automatically. Under the Matrimonial Causes Act, a wife is entitled to seek maintenance as an ancillary relief during or after divorce proceedings. However, the grant of such maintenance depends on several factors, including financial need, earning capacity, and the circumstances of the marriage.

Ultimately, whether a spouse can successfully claim maintenance after divorce in Nigeria will depend on the evidence presented and the discretion of the court.

Contributors

OJIENOH SEGUN JUSTICE, ESQ.,

Lead Partner, EKO SOLICITORS AND ADVOCATES

Faith Ogunleye

Graduate Trainee, EKO SOLICITORS AND ADVOCATES

CLAIMING MAINTENANCE AFTER DIVORCE, CLAIMING MAINTENANCE AFTER DIVORCE, CLAIMING MAINTENANCE AFTER DIVORCE, CLAIMING MAINTENANCE AFTER DIVORCE,CLAIMING MAINTENANCE AFTER DIVORCE,CLAIMING MAINTENANCE AFTER DIVORCE