Spousal Maintenance and Alimony under the Matrimonial Causes Act (MCA)

In African society, marriage is regarded as the union between two families even though the parties concerned in the marriage are the husband and the wife who are matured to enter into a legal relationship. But under the common law principles of Hyde V Hyde, it is a union between one individual (man and woman) to the exclusion of all others. Despite this, marriage celebration or ceremony varies from one community to another with the payment of dowry or bride prices as may be demanded by the family of the spouse to be. In modern society the maintenance of spouse in matrimonial causes has become a subject of litigation in most jurisdictions on who is awarded reliefs sought in divorce proceedings. The article will explore and examine the matrimonial cause act in Nigeria in spousal matters. It argues that the proceedings and reliefs outline in the dissolution of marriage and divorce is broken down irretrievably which one of the conditions must be met. Thus, the issue of maintenance is left for the court to decide on who gets what. It recommends the children‟s welfare and maintenance should be paramount in the dissolution of marriage when maintenance of spouse is in adjudication.

Keywords: Spouse maintenance, Matrimonial Causes, Divorce and Dissolution of Marriage, Children and Nigeria.