Introduction
When marriages end by way of divorce or when parties are separated, the question of entitlement to maintenance either by way of spousal support or child support often arises. Understanding your rights and responsibilities is very vital during these emotionally and financially challenging times.
This article examined the concept of entitlement to maintenance, explaining the legal provisions under the Matrimonial Causes Act. Whether you are seeking clarity on maintenance for children below or above 21 years or wondering whether spousal maintenance in Nigeria is gender sensitive, this article is here to help you to gain the needed clarity that will help you to successfully overcome the complexities of Nigerian law and make informed decisions.
Table Of Contents
What is the Matrimonial Causes Act?
Matrimonial Causes Act is a Nigerian law that governs marriage, divorce, and other related matters. the Matrimonial Causes Act( MCA) was introduced in 1970. Maintenance is one of the ancillary reliefs in our matrimonial Causes Act. It is designed to ensure that vulnerable spouses and children are financially supported during or after matrimonial disputes. Maintenance is not a means to unduly enrich or take advantage of your spouse. This explains why courts consider the means, earning capacity, conduct of the parties and other relevant factors in determining the amount to be paid as maintenance .However, not everyone is entitled to maintenance. Under the MCA, the the following persons are entitled to maintenance:
Persons Entitled to Maintenance
- Spouses of a statutory marriage
Spousal maintenance or support is available only to husband and wife of statutory marriages, irrespective of whether the statutory marriage is valid or void.1 Unfortunately, spouses of Customary or Islamic marriages are not entitled to spousal maintenance under the MCA. This provision allows the court to order maintenance for a spouse during or after matrimonial proceedings, considering the means, earning capacity, conduct of both parties and other factors. The above implies that, if a wife or a husband in a statutory marriage is financially dependent on the other spouse, he or she can pray the court to grant an order of maintenance in his or her favour . However, a spouse in a customary or Islamic marriage does not have this right.
- Children of the Marriage
Children of the marriage (whether from a valid or void statutory marriage) who belong to the following categories are also entitled to maintenance under the MCA:
a.Adopted Children
Any child adopted by either or both parties during the marriage,
with the consent of the other spouse is entitled to maintenance in
event of separation or divorce2.
b.Children Born Before the Marriage
Any child of the husband and wife born before the marriage, whether
legitimated by the marriage or not3.
c.Children Considered Members of the
Household
Any child of either spouse (including illegitimate or adopted
children) who was a member of the household at the "relevant
time," but excludes children adopted by others4.
It is important to note that "relevant time" as used
above means:
(a) The period just before the husband and wife stopped living
together, or if they have separated more than once, the period just
before their most recent separation before the proceedings
started5; or
(b) If the couple is still living together when the proceedings
begin, it means the period just before the proceedings are
filed6.
This principle of law was vividly illustrated in the case of Asomugha v. Asomugha7, wherein a husband was ordered to maintain his wife's two daughters from a previous relationship because they had lived with the couple and were treated as his children.
d.Children Under and Over 21 Years
The court has the power to make an order with respect to the maintenance of children of the marriage who are less than 21 years old. However, in case of a child of the marriage above 21 years old, the court will only grant an order of maintenance if the court is of opinion that there are special circumstances that justify the making of such an order for the benefit of that child.
Conclusion
Understanding your entitlement to maintenance under Nigerian law can make all the difference when faced with the challenges of divorce or separation. Knowing your rights, as well as the legal limitations, is very important during such emotionally and financially turbulent times.
While this article provides general information on the topic, it is important to remember that each situation is unique. To fully understand how the law applies to your specific case, seeking personalized legal advice is very essential.
Footnotes
7. (1974) CCHCJ 14
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
