Among the issues to be sorted out in the divorce petition, the maintenance of wife and children after the divorce takes the centre stage in the negotiation process. This article aims to set out the considerations for judge in delivering judgment in relation to issue of maintenance.

Maintenance for Wife

(a)    In deciding the amount of maintenance for wife, the Court will consider the future and present income, property resources, and earning capacity of both parties. The financial needs and degree of responsibility which the Court apportions to each party for the breakdown of marriage will be the deciding factors for the maintenance;

(b)   Standard of living enjoyed by the wife before the divorce;

An order for maintenance for wife  shall cease to have effect if the wife remarries or lives in adultery with any other person.

Maintenance for Children

(a)             Financial needs of the children;

(b)            Standard of living enjoyed by the family before the breakdown of the marriage;

(c)             Income, earning capacity, property, and other financial resources of the parent;

(d)            Manner in which he/she was being educated and trained.

An order for maintenance for children expires when the child attains eighteen (18) years of age, unless otherwise agreed between the petitioners.

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