Alimony for husbands

Recent statistics show that more married couples are dissatisfied with their unions and are thus seeking solace elsewhere, sometimes even starting and maintaining secret families, writes HAROLD AYODO

Husbands frowned when the Court of Appeal recently ordered a billionaire to pay his estranged wife Sh300,000 monthly for upkeep.

The men argued that it was unfair to order Mohammed Bakhressa to pay Nasra Ahmed Sh300,000 for alimony.

Alimony is an allowance, which a husband is ordered by a family to pay his wife for maintenance while they are separated or pending divorce.

Nasra had applied for an upkeep of Sh1million a month after a divorce suit with Mohammed that ended four years of a childless marriage.

However, Appellate Judges Riaga Omolo, Philip Waki and Onyango Otieno reduced the upkeep to Sh300,000 arguing she must not be rendered destitute.

Mohammed was the managing director of two multi-billion shilling companies – Bakhressa Grain Milling Ltd and Bakhressa Foods Ltd when they divorced.

The judges took note that he had more than 13 villas in Mombasa, luxury boats and a fleet of fuel guzzlers meaning, his wife was accustomed to a lavish lifestyle.

A couple in an argument. [Photos/Courtesy]

Nasra told the Court of Appeal that during the marriage she had at her disposal an account at Barclays Bank from which she withdrew money for investment in real estate.

She also had a personal luxury boat, palatial home in Nyali valued at Sh35 million and top of the range cars, making her up keep one of the highest locally.

According to court records, Nasra got her first job as a typist in 1994 with a starting salary of Sh4,500 a month and leave allowance of Sh1,800.

Nasra left her job in December 2001 with a take home pay of Sh5,433 claiming Mohammed —her then billionaire boyfriend —asked her to quit.

Globally, spouses have walked out of marriages with fortunes following orders for financial upkeep.

For instance, basketball star Michael Jordan paid his estranged wife Juanita Vanoy a whooping Sh11.58 billion. Other high settlements include the Sh4.74 billion The Beatles star Sir Paul McCartney paid Heather Mills and the Sh1.58 billion Lionel Richie paid his wife Diane.

Italian Prime Minister Silvio Berlusconi who is worth Sh636 billion also pays his former wife Veronica Lario Sh4.4 billion annually.

Back home, husbands would also soon start benefiting from the purses of loaded wives, thanks to the new Constitution and economic empowerment of women.

Equal rights

According to the Constitutional order, parties to a marriage are entitled to equal rights at the time of marriage, during and at dissolution of the union.

Furthermore, the Marriage Bill of 2007 proposes that either spouse —when separated — shall maintain each other.

Therefore, it would be a boost to husbands who have either lost their jobs or earn less than their wives as it emerges in modern society.

Traditionally, the husband had a legal duty to maintain his wife but there was no corresponding duty with similar obligations on the wife.

Husbands were mostly the sole or major breadwinners in families as wives took roles of mother and homemaker and typically did not work outside the home.

Consequently, when a couple divorced, a stay-at-home mum, who had devoted herself to raising children and caring for the family home, had little or no income-earning ability.

Therefore, courts ordered the ex-husband to pay alimony to the ex-wife for a period of time before getting a job or even to re-marry.

As a section of men welcome the laws on equity that would make it legal for wives to line their pockets, professional women think otherwise.

Express Travel Group Ltd credit controller Lydiah Njoro says some men would abuse the legal provisions on spousal support.

"There are men who would use the opportunity to seek marriage as an investment – marrying then force reasons to seek orders for upkeep," Lydiah says.

According to her, a section of men would turn professional women into prey that would guide them into fortunes.

Economic venture

"It is good to front for laws that seek equity in modern society but there are question marks on this that wives can maintain hubbies financially," Lydiah says.

The credit controller says a shift in financial support of spouses could transform the institution of marriage into an economic venture.

"We could start seeing increased instances where some men hope into marriages with a loaded woman after another for financial benefits," Lydiah says.

For Clay Kiprono, an information technology expert in his mid 30s, wives should lay bare their purses.

"We have moved from the traditional society where men were the only ones with white collar jobs while women were housewives," Clay says.

Clay adds that he would not be embarrassed should his marriage hit the rocks and seek orders from court for financial support from his wife.

"Most women today earn salaries that are more than double that of men…what is wrong when she maintains me financially when I am down?" he poses.

According to Clay, gender equity calls for equal opportunities that have seen more women sit in decision-making organs at corporate firms.

"Let us be realistic…society has changed and there are homes that are financially supported by wives," Clay says.

Legally, the purpose of alimony is to enable spouses maintain the standard of living they developed in the marriage.

However, women have been the most beneficiaries of the financial awards making it harder for society to accept the shift to favour men.

As debate rages on, on the pros and cons of wives maintaining their husbands, lawyers argue that the new Constitution speaks volumes on modern day alimony.

According to lawyer Abuga Mogusu, there would be a shift in roles depending on the pay of spouses.

Supreme law

"Spouses will be entitled to equal rights at the time of the marriage, during and at the dissolution of the union," Abuga says.

According to Abuga, the supreme law confirms that men shall now be entitled to the same rights as enjoyed by women over alimony.

Parliament will, however, enact legislation that shall form the basis of the rights of the spouses consistent with the Constitution. Lawyer Cyprian Onyony says wives have in the past been the traditional beneficiaries of maintenance by husbands.

"Laws on marriage were specific that wives were the ones to apply for alimony before courts order the amount," Cyprian says.

According to Cyprian, courts usually order for payment of alimony that does not exceed one fifth of the average net income of a spouse.

"Courts can order a spouse to pay financial support monthly, weekly or annually and stop it when the supporter either loses his job or dies," Cyprian says.

Furthermore, the alimony would increase should the income of the supporting spouse increase.

Fida-Kenya executive director Grace Kimani-Maingi says various other issues come into consideration.

Wastes alimony

"Judges consider the monthly income of both parties, their conduct, standards of living and their ability to pay money to support their spouse," Grace says.

Cyprian says the income of each spouse, conduct, and age or whether either party has remarried and has children are also considered.

"Courts also consider whether a spouse wastes alimony and financial positions the parties would have had the marriage not hit the rocks," Cyprian says.

Grace says most women who seek legal aid from Fida-Kenya ask for maintenance for their children and very few seek alimony.

"Alimony — in most developed countries — is based on the premise that both spouses have an absolute obligation to support each other during marriage," Grace says.

We may soon follow in the footsteps of the US where 3.6 per cent of men received alimony from their wives in 2006 and increased over the years.

To refresh memories, a US court kicked a storm when it ordered television personality Joan Lunden to pay her spouse Sh1.2 million monthly up keep.

On her part, Joan asked why courts do not tell husbands who have been living off wives to get jobs on their own.