Spousal Maintenance and Financial Provision on Divorce Under the Matrimonial Causes Act: A Study of Anambra State

📖 ABSTRACT/OVERVIEW

The financial settlement of matrimonial disputes, including the provision of spousal maintenance and property distribution following divorce, remains an underexplored area of Nigerian private law in South East states. This study examines the judicial application of financial provision and maintenance obligations under the Matrimonial Causes Act 1970 in Anambra State, with a focus on cases decided in the Anambra State High Court between 2018 and 2023. Adopting a doctrinal and empirical methodology, the research analyses 30 judicial decisions and conducts interviews with 20 family law practitioners in Awka and Onitsha. The study evaluates how courts assess the financial needs of spouses, the standard of living during marriage, and the contributions of non-earning spouses, particularly women engaged in household labour. Findings suggest that judicial awards are frequently inadequate to meet the actual financial needs of dependent spouses, with courts demonstrating a tendency to apply fixed formulaic calculations rather than individualized assessments. The research further examines how Igbo customary law norms informally influence judicial reasoning even within statutory divorce proceedings. Recommendations include legislative reform of the Matrimonial Causes Act to incorporate modern principles of financial fairness, judicial training on gender-sensitive adjudication, and the introduction of spousal support guidelines. Keywords: spousal maintenance, divorce, Matrimonial Causes Act, Anambra State, financial provision

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Departments# Private Law