A Nigerian lawyer, Barrister Daniel Robinson, has explained why a spouse cannot automatically demand financial compensation from a partner for the years spent in a failed marriage.
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Robinson made this clarification while addressing questions about divorce and financial entitlements, particularly claims by women seeking millions of naira from their husbands after years of marriage.
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In a video circulating on social media, the lawyer dismissed the idea that a woman who has spent several yearsin an unsuccessful marriage is automatically entitled to compensation when seeking a divorce.
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He illustrated his explanation with the case of a hypothetical woman who had been married for 18 years but had lived separately from her husband for five years.
According to him, the woman wanted to end the marriage and was considering demanding ₦15 million from her husband as compensation for what she described as wasted years.
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Robinson, however, questioned why compensation should automatically go to the woman without considering the man’s experience during the same period.
He argued that the husband could equally claim that he had spent 18 years in a marriage that eventually failed.
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Lawyer explains maintenance after divorce
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The legal practitioner explained that what the law recognises in such circumstances is maintenance, which is sometimes referred to as alimony, rather than automatic compensation for the duration of a failed marriage.
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He noted that maintenance is not exclusively reserved for women, as either a husband or wife could seek financial support from the other, depending on their respective financial circumstances.
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According to Robinson, the court considers the financial position of both parties when determining whether maintenance should be awarded and how much should be paid.
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He illustrated this with an example in which a woman earning ₦2 million monthly could be required to support her husband if he earns only ₦1 million and the court considers maintenance appropriate.
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He added that a husband could also approach the court to request monthly financial support from his wife.
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“These days, men are still asking for maintenance in courts,” he said.
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Robinson stressed that divorce laws were not designed to favour one gender over the other, warning against the assumption that only women could benefit from financial provisions during divorce proceedings.
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What the law says about adultery and damages
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The lawyer also discussed financial claims arising from adultery, explaining that a spouse may pursue damages in circumstances recognised by law.
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Under Section 31 of Nigeria’s Matrimonial Causes Act, either a husband or wife can claim damages against a third party alleged to have committed adultery with their spouse.
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However, such damages are subject to specific legal conditions, including proof of the allegation and the court granting a divorce based on adultery or facts that include adultery.
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The law also provides that damages cannot be awarded for an act of adultery committed more than three years before the divorce petition, subject to the relevant legal requirements.
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Robinson advised anyone considering divorce to understand the legal provisions before making financial demands based on assumptions about what they are entitled to receive.
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He concluded by encouraging people to share the video to educate others about their rights and obligations during divorce proceedings.
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Watch the video here…
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