WHAT HAPPENS AFTER DIVORCE?
Understanding Alimony and Settlement Rights in Nigeria
Introduction
The marriage is over.
The love is gone.
But what happens to the children, the house, the land, the cars and all you built together?
Do you walk away with just your personal belongings and a shattered heart?
Not if you know your rights.
Divorce is not the end; it can be a new beginning. But for many Nigerians, especially women who were financially dependent, the fear of starting over is more than emotional; it’s financial.
What happens to your home? Who supports the children? Are you entitled to anything after walking away?
The Nigerian law provides for Alimony and Settlement Rights after divorce. This article breaks down what these mean and how they can protect you.
What is Alimony?
Alimony, also called maintenance, is court-ordered financial support that one spouse may be required to pay the other after separation or divorce.
Under Nigerian law (Section 70 of the Matrimonial Causes Act), either spouse may be ordered to pay maintenance to the other after a marriage ends.
Key Points About Alimony
•It’s not automatic: The spouse requesting alimony must prove a need.
•It can be periodic (monthly/annually) or a lump sum, depending on the court’s decision.
•It may cover the spouse, the children, or both.
•It’s gender-neutral in law, though in practice, most recipients are women due to income disparities.
What the Court Considers
The court looks at several factors before granting alimony:
1.The income and financial capacity of both parties.
2.The needs of the applicant.
3.The standard of living during marriage.
4.Age and health of both parties.
5.Duration of the marriage.
Alimony Under Sharia and Customary Law
Sharia (Islamic) Law
•Alimony (known as nafaqah) is required during marriage and after divorce but only for a limited period.
•A man must support his ex-wife during the iddah period (typically three months). If she is pregnant, support continues until childbirth.
•Support includes food, shelter, and clothing.
•If the woman caused the divorce (e.g., through disobedience), she may lose entitlement.
•Courts consider income, need, length of marriage, and the presence of children.
Customary Law
•Customary law does not formally recognise ongoing financial support (alimony).
•Upon divorce, the woman typically returns to her family for care.
•She may return gifts or the bride price. This is symbolic, not financial support.
•However, fathers are still expected to provide for their children.
What Are Settlement Rights?
Settlement rights refer to your entitlement to property, money, or assets after divorce, including things acquired during the marriage, even if they aren’t in your name.
You may be able to claim:
•A share of the matrimonial home
•Household property or personal items
•Land, cars, or joint business interests
•Money , either a lump sum or regular payments
If you married under statutory law (marriage registry or court), you are protected under the Matrimonial Causes Act.
Section 72 allows the court to “make such settlement of property as it considers just and equitable.”
How the Court Decides Property Settlement
•Financial contributions (who paid for what)
•Non-financial contributions (childcare, support)
•Duration of the marriage
•The needs of each spouse and the children
•Whether either party would suffer hardship without support
Common Myths
•“He bought everything, so I get nothing.”
Wrong, the court considers all types of contributions, not just financial.
•“Only women get support or settlement.”
False, any spouse can apply, based on need and fairness.
•“Customary marriages offer the same protection.”
Not quite; most customary systems do not guarantee property sharing unless specifically agreed upon.
You Deserve a Fair Share
•If you gave up your career to support your spouse…
•If you raised the children while they worked…
•If you helped build a family business behind the scenes…
You contributed. You are entitled. You have rights.
How to Protect Yourself
•Consult a lawyer early in the divorce process
•Request a court settlement order
•Keep records of your contributions — receipts, chats, proof of support
•Don’t stay silent out of fear or shame
Know Your Rights
Don’t walk away from a marriage with nothing.
Walk away informed, empowered, and protected by the law.
Need Help?
At AWJAI, we provide free legal aid, education, and support for individuals facing violations or injustice.
➡ Reach out to us: https://awjai.org/report-a-violation/
