If I divorce him, will I have to pay him upkeep?

Gavel and wedding rings, for divorce concept.

Dear Harold,
I am tired of being the sole bread winner with a husband who has refused to be a responsible head of the family. Besides laziness, he has had a string of extra-marital affairs.

He does not even make efforts to look for another job and sulks whenever I do not subscribe to DSTV for him to watch football with his working friends over the weekends.

 I want a divorce.  How can such a man pay for my maintenance if, I institute either separation or divorce proceedings on grounds of adultery? 
Christina, Nairobi

 

Dear Christine, 

Much as it may be possible to file divorce proceedings over the suspected extra-marital affair and prove your allegations in court, it would not be automatic that he would be ordered to pay for your maintenance. 
 

According to the Marriage Act, the court can order for either spouse to pay maintenance to a spouse or former spouse.

 In your case, you are more likely to be ordered to cater for his upkeep as he has no source of income.

The law provides that the court may order a person to pay maintenance to a spouse or former spouse if the person has neglected or deserted his/her spouse, during the course of any matrimonial proceedings or when seeking orders for a separation or divorce.

The maintenance orders shall however, stop applying upon death of the spouse or when the maintained spouse is able to support himself/herself financially.