FIDA loses battle for marriage partners to automatically share wealth on 50:50 basis upon divorce
The High Court has declared that couples whose marriages end in divorce are entitled to what they each contributed during the union.
Justice John Mativo, in a landmark ruling on Monday, rejected a bid for couples to share their acquisitions 50-50.
Fida had wanted section 45 (3 of the Marriage Act, that states couples should get what they contribute, declared unconstitutional.
But the judge said: “A person cannot walk into a marriage and then walk out with more than what they deserve.”
On May 12, women whose marriages break down had a reason to smile after the Supreme Court, in a precedent-setting ruling, left intact a decision giving them the right to seek payments from their ex-husbands.
The ruling was a major blow to husbands as they are now obligated to pay alimony to their estranged wives regardless of whether the women have moved on or not.
If unchallenged by a fresh suit, the decision could potentially open the floodgates for lawsuits from women seeking upkeep.
The court had been had asked to decide whether it is discriminatory for a man to maintain his estranged wife, even when he has not sired children with her — in a case involving a couple embroiled in a matrimonial dispute.