October 15, 2025

HOW TO OBTAIN MAINTENANCE DURING DIVORCE PROCEEDINGS: WHAT YOU NEED TO KNOW.

by Ekosolicitors

INTRODUCTION TO MAINTENANCE DURING DIVORCE

Given the present divorce rate in Nigeria today, it leaves room for legal consequences such as division of assets and debts, Alimony and spousal support, child custody and support as the case may be etc. A petition for divorce, also referred to as dissolution of marriage shall be granted by the court upon proof by the petitioner that the marriage has broken down irretrievably as provided in Section 15(1) of the Matrimonial Causes Act LFN 2004. Upon dissolution, the court is enpowered to make various orders in respect of the husband, wife and children of the marriage.

A major order to be considered in a divorce case is the order of maintenance. Under common law, the obligation of the husband to maintain his wife during the marriage terminates with the dissolution of the marriage however, statutory provisions prescribe maintenance during the proceedings for divorce and thereafter depending on the circumstances and following judicial pronouncement of our courts, a party could be entitled to maintenance even after the dissolution of the marriage based on certain circumstances.

WHAT IS MAINTENANCE?

Maintenance, an ancillary relief also known as alimony, is an order granted by the court to secure ongoing financial support for a spouse and the children of a marriage while proceedings are pending and after a decree is made. The power of the court to make maintenance orders is contained in Section 70 of the MCA. The law recognizes three categories of maintenance namely:

Interim/pendente lite maintenance: This is an order for support during the pendency of matrimonial proceedings. The objective is to preserve the status quo and meet immediate needs until the main relief is determined.

Spousal maintenance: This is a continuing payment imposed by the court for the maintenance of a spouse after separation or divorce. These may be payable for a limited period or until remarriage/death depending on the circumstances.

Child maintenance: This is an order for the upkeep, education and welfare of children of the marriage. The MCA treats children’s maintenance as a paramount concern when deciding custody and related reliefs.

GRANT OF AN ORDER OF MAINTENANCE DURING DIVORCE

Section 70 of the MCA empowers the High Court to make “such order as it thinks proper” for maintenance, having regard to “the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstances.” The policy objectives behind award of maintenance during divorce include the protection of dependents (spouse and children) from destitution;

equalizing economic disadvantage created by marriage or its breakdown; and to ensure the welfare and education of children. The grant of the order of maintenance is not automatic but purely discretionary and therefore expected to be exercised judicially and judiciously. Based on the provisions in the MCA, Nigerian courts consider multiple factors when determining maintenance applications and in assessing the sum to be awarded as maintenance:

The means and Earning Capacity of Parties: Courts examine the financial resources of both parties, including capital assets, investments, prospective or contingent assets and not merely immediate income. In determining the earning capacity of the parties, the court would consider the age of the spouse, children in the marriage, ages of the children etc.

Conduct of the Parties: Courts, in their decisions suggests that gross and obvious misconduct may affect maintenance awards, particularly when ignoring it would be contrary to justice. However, maintenance is not primarily intended to punish marital misconduct but rather, to address financial need. The courts have emphasized that while a wife’s “serious depravity” might reduce maintenance, and a husband’s “immoral, unfaithful, or otherwise objectionable” conduct might support full maintenance, the purpose remains provision of basic needs rather than marking disapproval of behavior.

Other Relevant Circumstances: This allows courts to consider case-specific factors in each cases, including the standard of living established during the marriage, the duration of cohabitation, the age and health of each spouse, existence or non-existence of children in the marriage etc.

JUDICIAL APPROACH AND ANALYSIS

Nigerian courts consistently emphasize that maintenance claims must be supported by credible evidence rather than mere assertions. A party against whom a maintenance order is awarded has the obligation to comply with the terms of the order. Orders may take the form of lump-sum payments, periodical payments, or property settlements. Enforcement mechanisms include registration, attachment of earnings, and summary enforcement.

CONCLUSION OF MAINTENANCE DURING DIVORCE

Maintenance under Nigeria’s Matrimonial Causes Act represents a crucial legal mechanism for addressing financial disparities arising from marriage dissolution, ensuring fairness and economic stability after the breakdown of the marriage. It reflects the law’s commitment to equity, social justice and the protection of vulnerable dependents. The order of maintenance during divorce ensures that the dissolution of marriage does not leave one spouse or the children in financial hardship but upholds the principle of fairness and shared responsibility.

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