Thread by @savndaniel

ANITA PAUL OKOYE AND HER RELIEF FOR MONTHLY SPOUSAL AND CHILD MAINTENANCE - ALIMONY - AS PRAYED TO THE COURT IN HER PETITION FOR DIVORCE FILED AT THE FEDERAL HIGH COURT, ABUJA JUDICIAL DIVISION

FEW THINGS WORTHY OF NOTE

1. Alimony is an allowance paid by one spouse to another by order of a court for the maintenance of the other spouse while they are separated, during divorce proceedings or after they are divorced.

However, in some countries, there is a difference between alimony and maintenance.

2. Prior to this time, only a wife was entitled to alimony upon divorce. was essentially payable only to a wife.

3. The Nigerian Matrimonial Causes Act of 1990 does not mention ‘alimony’ and uses ‘maintenance’ to describe payment of an allowance to a spouse during or after a divorce. These two words are sometimes used interchangeably by the Nigerian Courts.

4. Under Part IV of the MCA court can make an order for maintenance for a party to the marriage or of children of the marriage suggesting that a maintenance order could potentially be made in favour of the male spouse & a mother could be ordered to pay maintenance for children.

5. In Nigeria, whenever reference is made to maintenance orders, the assumed beneficiaries are usually the wife and children of the marriage.

6. The court in ordering for maintenance, usually consider

a. The means and income of the parties;

b. their financial obligations and responsibilities;

c. their standard of living;

d. The age of the parties;

e. ability to work;

f. disability;

g. the contributions of either party to house and family care.

7. Maintenance will not be granted if the spouse claiming maintenance has 'sufficient means and income to maintain him or herself', so the petitioners or applicants earning capacity will be a relevant factor in determination.

Therefore, living abroad like Anita is not for the weak, poor nor fainthearted.

8. Maintenance like alimony is not meant to be punitive. It is not ordered as a payback mechanism.

9. Maintenance may be permanent (till the death of either party) or temporary. It depends on age, education, occupation etc. It depends. It may be permanent where the parties have spent a great deal of time tougher and it will be impossible for any of the spouse to earn a living.

10. Family law has not fully developed in Nigeria compared with some other jurisdictions (countries). There are no sufficient legal provisions for areas such as surrogacy, pre-nuptial agreements and division of property.

11. Under Nigerian law there is only one ground for divorce, which is that the marriage has broken down irretrievably. To establish this, the petitioner must satisfy the court of certain facts or situations: see section 15 and 16, Matrimonial Causes Act).

12. Most of these facts mentioned in (11) above are fault-based, in which case, fault must be alleged and proved by the party seeking dissolution of the marriage.

These facts are:

a. Lack of consummation of the marriage.

b. Adultery and the fact that the petitioner finds it intolerable to live with the respondent.

c. The respondent has behaved in such a way that the petitioner cannot be expected to live with him or her.

d. Sodomy

e. bestiality

f. habitual drunkenness or drug addition

g. frequent crime convictions and lack of reasonable means of support/maintenance; and

h. unsound mind

i. Desertion for a continuous period of at least one year immediately preceding the filing of the petition.

j. The other party to the marriage has, for at least one year, failed to comply with a decree of restitution of conjugal rights.

k. The other party to the marriage has been absent from the petitioner for such time and in such circumstances to

provide reasonable grounds for presuming that he or she is dead.

15. Nigeria law also recognises a non-fault based dissolution of marriage. A petitioner will not need to allege fault on the part of the respondent to secure dissolution of marriage where:

a. The parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the filing of the petition, and the respondent does not object to the dissolution of the marriage.

b. The parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the filing of the petition.

16. Section 70 of the Matrimonial Causes Act gives the court power to make orders for maintenance of the spouse

and the children of the marriage. Under section 73 of the Matrimonial Causes Act, maintenance can be ordered to be paid weekly, monthly, yearly, or as a lump sum. The Court also has the power to review maintenance orders, as being demanded by Anita Paul Okoye.

14. Is Anita's relief justified? Only the Court can say. Factors taken into consideration include the following:

a. The social status of the parties and their lifestyles.

b. Their respective means, income and earning capabilities/capacities.

c. The existence or non-existence of child or children of the marriage.

d. The conduct of parties.
The length of time the parties were married: see AMAH v. AMAH (2016) LPELR-41087; KPILAH v. NGWU (2018) LPELR-45395).

15. As a recap, spousal support or Alimony is a monthly payment made by one spouse to another in accordance with either a settlement agreement or a Court’s order. The purpose of spousal support is to correct any unfair economic effects caused by a divorce, such as

16. when a stay at home parent suddenly needs a source of income after the divorce but has never held a job.

17. An award for maintenance is at the discretion of the presiding judge over the matter.

18. The judge has the freedom of choice in determining exactly what one might get. It all depends. You know, in law, when praying the Court for a relief (that is in monetary form), it is always advisable to start with bogus figures, the way Anita has done.

19 A party (like Anita) making an application for maintenance has the right to receive maintenance for a value, which will be sufficient to maintain the marital standard of living as long as the other party is in a strong financial position & is able to afford such an order.

END

ADDENDUM:

1. It is not correct to say that Anita Paul Okoye is a gold digger.

2. It is also correct to say that dollar is not the official legal tender in Nigeria. Will Anita's claim fail as a result of that? That is for the Court to answer.

Correction: THE MATTER WAS FILED AT HIGH COURT OF THE FCT, not FEDERAL HIGH COURT.

Correction: THE MATTER WAS FILED AT HIGH COURT OF THE FCT, not FEDERAL HIGH COURT.