Achraf Hakimi: You don’t know how alimony works in Nigeria

After the disturbing news about Hiba Abouk and Achraf Hakimi’, we set out to investigate how child support payments work in Nigeria.

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Alimony, also known as spousal support or spousal support, is a legal obligation to provide financial support to one another following a divorce or legal separation. It is a court-ordered payment from the working spouse to the working spouse to help them continue living and meet their financial needs such as shelter, food and other necessities of life.

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The purpose of alimony is to eliminate any economic inequality that may exist between spouses after the marriage has ended. The court determines the amount of alimony and how long it will be paid based on a number of factors, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage. .

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Under Nigerian law, the word alimony is not commonly used. However, the concept of spousal support or tutoring is recognized in Nigerian laws, particularly Marriage Law, which deals with divorce in Nigeria.

Section 70 (1) of the Act provides that in the event of a divorce, each spouse can apply to the court for the marriage to be maintained. The court can order spousal support if it is satisfied that one party has the money to support the other and the other party cannot support themselves.

The court considers many factors in determining the appropriate amount and duration of spousal support, such as: B. the income of the parties, the ability to earn money, financial needs and obligations, and the length of the marriage.

It is important to note that spousal support in Nigeria is discretionary, meaning that the court has the power to decide whether or not to order spousal support based on the specific facts of the case.

What factors will the court consider when making a decision The court will consider many factors when deciding on spousal custody in Nigeria including:

The income and access of each party The financial needs and obligations of each party The parties’ standard of living during the marriage The length of the marriage The ages and health of the parties The contribution each party makes to the marriage, including household management and maintenance and children The Nature of the parties, if applicable Anything the court deems relevant to the case. The court will take a holistic approach and will take into account the specific circumstances of the case when making its decision. The purpose of spousal support is to ensure that both partners can live meaningful lives after the divorce.

Can an organization be ordered to pay a married couple if they have no income in Nigeria? It is possible for a party to be ordered to pay spousal support even if they have no income in Nigeria. The court takes into account the financial needs of both parties when making its decision, and if one party has the money to support the other, the court can order them to pay compensation even if they have no money. The court may also take into account what the parties will have, such as B. their education, work experience and skills, and directing them to seek employment or training to meet the needs of the couple. However, the amount of spousal support ordered may be reduced or waived altogether if the group is unable to cope due to financial difficulties is able to pay.

Can a non-Nigerian apply for spousal support in Nigeria? Yes, non-Nigerian spouses can apply for spousal support in Nigeria. Nigerian law discriminates against non-Nigerian spouses when awarding spousal support. All spouses are entitled to spousal maintenance, regardless of their country or nationality status. However, the court will consider the specific circumstances of the case, including the length of the marriage, the financial needs and obligations of the parties, and the contributions made by each party during the decision-making process. It is also important to note that the court may consider the law of the foreign jurisdiction where the marriage was contracted or where the parties resided to determine the appropriate amount and duration of spousal support.

Can a party deny their right to care for spouses in Nigeria? Yes, a party can waive their right to spousal maintenance in Nigeria. Spousal support is considered a right that the spouse will exercise financially after the divorce. However, the party may waive its spousal maintenance right if it does not wish to be granted it. This can be done through a written agreement between the parties or through a statement to the court stating that they do not want custody of the spouse. It is important to note that the waiver must be voluntary and with full knowledge and understanding of the consequences of the decision. If given under duress, fraud or coercion, it cannot be considered in court.

How long is spousal support in Nigeria? The duration of spousal support in Nigeria can vary and is based on custom. The court will consider several factors when deciding how long spousal support should last, including the financial needs and obligations of each party, the length of the marriage, the ages and health of the parties, and the ability to fund custody, among others.

In some cases, the court may order spousal support for a limited period, such as a few years, to give the recipient time to become self-employed or complete their education. In some cases, a spousal support order can be issued for an indefinite period, especially if the spouse is unable to support themselves due to age or health reasons, or if they have been unemployed for a long time.

It is important to note that the duration of spousal support can also be changed or terminated if the circumstances of both parties change significantly, such as B. a change in income or health status.

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