My ex-husband wants back bride wealth: Can I also get spousal support after divorce?
A High Court decision in Kisii held that dowry is a symbol of a customary marriage and must be returned when the union ends.
What you need to know:
- A High Court decision in Kisii held that dowry is a symbol of a customary marriage and must be returned when the union ends.
- A woman whose marriage dissolved may refund the bride price and later recover the amount from her parents, who were the actual recipients. The ruling reinforces the legal obligation to restore dowry after divorce.
- On the question of spousal maintenance, Courts have clarified that alimony is not automatic after divorce. Each spouse is expected to rebuild independently unless one can prove genuine financial need and prior dependence.
Dear Vivian,
Three years ago, I got married under Kisii customs. My husband and his family negotiated and paid (reverse) dowry of four cows and Sh200,000. Over time, our marriage broke down beyond repair, and we eventually divorced. Now, my ex-husband is demanding a refund of the bride price he paid for me. Can I also get maintenance after divorce?
Mary Moraa,
Kisii
Dear Moraa,
A recent decision by the High Court in Kisii said dowry is a symbol of a customary union, and once the marriage ends, that symbol has to be restored. Therefore, your ex-husband is legally entitled to ask for a refund of the dowry. However, the court also said you can later claim the same amount from your parents since they were the actual recipients. This means you can refund your ex-husband and then recover the amount from your parents if you wish.
On the second issue, spousal maintenance or alimony is an order for payment of money that a divorcing party makes to court in their divorce petition. The prayer for maintenance may seek payment of a lump sum or periodic payments. Courts have continued to clarify that alimony should not be automatic once the marriage is dissolved.
The understanding is that once divorce is concluded, each party is expected to move on and rebuild independently. Since property was already shared under the Matrimonial Property Act, your share is considered sufficient provision. The law provides that matrimonial property is divided based on each spouse’s contribution; whether financial or non-financial and not necessarily in equal halves. Therefore, no spouse can be compelled to maintain the other after divorce.
Historically, alimony was granted to women, as they were traditionally seen as financially dependent on their husbands. However, under the Constitution, both husbands and wives have equal responsibilities to support themselves. Therefore, either spouse can apply for alimony if they can prove financial need and that they were financially dependent on their partner during the marriage.
Therefore, should you need to apply for alimony, you will be required to file an affidavit of means in the same court that heard your divorce petition. The Affidavit of means sets out each party’s expenses, income, assets and liabilities. The affidavit is accompanied by supporting evidence such as pay slips, bills and receipts. This is because the threshold to prove a maintenance claim is high and, therefore, needs strong proof to be successful in such a claim.
Finally, alimony in Kenya is designed to ensure fairness and financial stability for both spouses after a divorce. While both men and women can apply for maintenance, the court will only grant it to those who genuinely need it. Factors such as financial capacity, duration of marriage, and standard of living play a crucial role in determining the amount and duration of spousal support. Ultimately, alimony aims to provide a fair transition for both spouses as they move on with their lives post-divorce.
Vivian
The author is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
