Secure Your Property Dreams: Understanding Spousal Maintenance in Nigeria – Who is Entitled and How to Claim It
Introduction
In the wake of separation, divorce, or abandonment, one of the most pressing concerns for many spouses—particularly women—is how to maintain a stable standard of living. For individuals who may have given up their careers or income-earning capacity to support their marriage, the financial aftermath of a breakup can be devastating. However, the law in Nigeria recognizes this vulnerability and offers legal protection through spousal maintenance. Understanding who qualifies, how to claim it, and what the courts consider is essential for anyone seeking to protect their financial future after marriage.
At Chaman Law Firm, we’ve helped many clients navigate the sensitive process of claiming or negotiating spousal maintenance, whether during divorce proceedings or post-dissolution. This guide provides a detailed legal breakdown of spousal maintenance in Nigeria, covering eligibility, procedures, legal cases, and how to secure it properly under Nigerian law.
What Is Spousal Maintenance?
Spousal maintenance, also called alimony or maintenance allowance, refers to financial support paid by one spouse to another during or after the end of a marriage. It is intended to ensure that the economically weaker party can maintain a reasonable standard of living after separation or divorce.
This support may be temporary or permanent, depending on the circumstances and the court’s judgment.
Legal Basis for Spousal Maintenance in Nigeria
The major laws that govern spousal maintenance in Nigeria include:
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The Matrimonial Causes Act (MCA) – Applicable to statutory marriages (under the Marriage Act).
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Customary Law – Regulates traditional marriages, with varying maintenance norms.
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Sharia Law – In Islamic regions, maintenance (nafaqah) is provided under Islamic personal law.
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Court Rules and Judgments – High Court and Court of Appeal decisions guide the enforcement of spousal support.
Spousal maintenance applies mostly under statutory marriages, and reliefs must be sought through the High Court or Family Court.
Who Is Entitled to Spousal Maintenance in Nigeria?
Either spouse may apply, but typically, wives are the more common applicants due to financial dependency during marriage. The following persons may be entitled:
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A spouse without means of income
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A spouse with dependent children
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A spouse who sacrificed career for the family
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A spouse with disability or health conditions
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A husband or wife abandoned by the other party
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A spouse whose living standards will significantly decline post-divorce
Types of Spousal Maintenance
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Interim Maintenance: Temporary support while the divorce case is ongoing.
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Post-Divorce Maintenance: Permanent or time-bound support granted after dissolution.
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Periodic Payment: Monthly or quarterly payments.
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Lump Sum Maintenance: One-time support for rehabilitation or transition.
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Rehabilitative Maintenance: Support for a spouse to gain employment or start a business.
Common Scenarios That Trigger Spousal Maintenance
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A wife who stayed at home to raise children
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A spouse who relocated or gave up education to support the other
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Separation due to abuse or abandonment
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A disabled or chronically ill spouse
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A situation where one spouse earns significantly more
The goal of maintenance is fairness and balance, not punishment.
Spousal Maintenance vs. Child Support
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Spousal Maintenance is for the support of the husband or wife.
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Child Support is exclusively for the benefit of children.
A court may order both concurrently but they are legally distinct.
How Courts Determine Spousal Maintenance
Courts exercise discretion based on factors such as:
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Financial capacity of both spouses
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Needs and standard of living during marriage
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Age and health of the applicant
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Duration of the marriage
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Contributions to the marriage (monetary or non-monetary)
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Presence of dependent children
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Conduct of parties (e.g., cruelty, abandonment)
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Ability of the paying party to sustain payments
Courts aim to balance compassion with realism. Maintenance is not meant to impoverish the paying spouse.
How to Apply for Spousal Maintenance in Nigeria (Step-by-Step)
Step 1: Engage a Family Lawyer
Legal counsel is essential to guide you through documentation, application, and court appearances.
Step 2: File a Petition at the High Court
This can be part of a divorce petition or a standalone application for maintenance. It must include:
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Proof of marriage
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Reasons for claim (e.g., abandonment, inability to work)
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Financial needs and income breakdown
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Assets and liabilities of both spouses
Step 3: Serve the Other Party
Court processes must be served to the respondent (the other spouse).
Step 4: Court Hearing and Determination
Both parties will be heard, and the court will issue an order for:
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Monthly maintenance
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One-time payment
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Joint property adjustment
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Denial (if there’s insufficient cause)
What Happens If the Other Party Refuses to Pay?
Failure to comply with a maintenance order can lead to:
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Attachment of salary or wages
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Bank account freezing
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Asset seizure
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Imprisonment for contempt of court
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Garnishee proceedings against employers or third parties
With proper enforcement, the order becomes legally binding and executable.
Can Spousal Maintenance Be Adjusted Later?
Yes. Either party can apply for modification of the court order based on:
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Loss of job
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New marriage
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Serious illness
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Change in financial status
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Relocation abroad
The court may increase, reduce, or revoke the maintenance order.
Maintenance and Property Division
Courts may order one spouse to:
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Transfer property or vehicle
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Surrender matrimonial home
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Pay a lump sum in lieu of property
This is more likely where one spouse made direct or indirect contributions to acquiring property.
Can a Man Apply for Maintenance?
Yes. While rare in practice, husbands can apply for spousal maintenance where:
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They were financially dependent
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The wife is a high-income earner
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They were abandoned due to illness or disability
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They have custody of children
The law applies equally to both genders.
Role of Chaman Law Firm in Spousal Maintenance Cases
We support clients by:
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Filing spousal maintenance applications
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Representing applicants or respondents in court
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Drafting legal separation and support agreements
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Enforcing non-payment orders
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Advising on financial settlement and division
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Handling joint property disputes
We are committed to fairness, dignity, and legal protection of all parties involved.
Challenges Faced by Claimants
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Lack of financial documentation
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Cultural shame or family pressure
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Long court processes
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Fear of retaliation or violence
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Difficulty locating the respondent
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Non-cooperative spouses living abroad
These challenges can be managed with legal strategy and court support.
International Enforcement of Spousal Maintenance
If the paying spouse lives abroad:
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Court orders can be served through Embassies
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Nigeria can enforce foreign judgments via reciprocity treaties
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Orders may be filed in the foreign court for recognition
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Lawyers may collaborate across jurisdictions
Legal representation is key to handling cross-border support enforcement.
Sharia Law and Spousal Maintenance (Nafaqah)
In Islamic regions:
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A husband is obligated to maintain his wife during marriage and post-divorce (Iddah period)
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If the wife is divorced unfairly (e.g., Talaq), compensation (mut’ah) may be granted
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Nafaqah includes food, clothing, accommodation, and healthcare
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Maintenance ends when the wife remarries or completes Iddah
Islamic family law courts handle these cases with religious and legal standards.
Customary Law and Maintenance
Customary law is often silent or weak on spousal maintenance, especially for women. However:
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Some customs allow return of bride price in exchange for no further obligation
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Statutory law overrides customs that violate equity or human dignity
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Courts increasingly protect vulnerable spouses, especially where there are children
Sample Legal Cases on Spousal Maintenance in Nigeria
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Okafor v. Okafor (2015) – Wife was awarded ₦100,000 monthly pending divorce determination.
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Ogunlana v. Ogunlana (2019) – Husband ordered to provide housing and school fees until child turned 18.
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Bashiru v. Bashiru (2021) – Court enforced ₦1.2m lump sum settlement to wife post-dissolution.
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Hassan v. Hassan (2020) – Sharia Court awarded feeding and rent to wife for 3 months after divorce.
Frequently Asked Questions (FAQs)
Q: Can spousal maintenance be denied?
A: Yes, if the court finds no valid reason or the claimant has sufficient income.
Q: How long does it take to get a maintenance order?
A: It may take 2–6 months depending on the court and cooperation from both parties.
Q: Can I apply for maintenance without a divorce?
A: Yes. You can apply while still legally married or separated.
Q: Is an informal agreement enforceable?
A: No. Only a court order is legally enforceable.
Protect Your Financial Future After Divorce or Separation
Separation is not the end—it can be the beginning of a secure, independent future. If you or someone you know is struggling financially after marriage, the law offers protection through spousal maintenance.
Whether you’re a dependent spouse or a financially overburdened one, the key is legal clarity and proper representation.
📞 Contact Chaman Law Firm for Spousal Maintenance Services
📍 Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com
We help you navigate your rights with dignity, discretion, and legal authority.