Tattoo removal request in divorce

I am a resident of Arusha and a mother of two. Ten years ago, during the excitement of my honeymoon in Zanzibar, my husband convinced me to get a tattoo of his name beautifully inked on my shoulder blade. At the time, it felt romantic and symbolic, a celebration of a future we thought we would build together. Today, that future no longer exists. Our marriage has collapsed, and I have already filed for divorce. Every time I see the tattoo, it reminds me of a painful past, and I cannot fully move on. I asked my soon-to-be divorced husband to pay for professional tattoo removal as part of our divorce settlement. Tattoo removal is expensive and requires multiple sessions, which I can’t afford since I was a stay-at-home mum with no income other than that of my husband. He refused, insisting that I got the tattoo voluntarily, and it is my own responsibility. I feel strongly that since the tattoo is linked to him and the marriage whose breakdown he contributed to, he should help me remove it as part of my emotional and psychological closure. I want to know whether the Court can compel him to pay for the removal as part of the divorce settlement. Advise me.

MM, Arusha

Your situation raises an increasingly common but legally delicate question: can personal or cosmetic procedures be included as part of matrimonial relief in a divorce? Under the Law of Marriage Act, Cap. 29 [R.E. 2023], Courts have wide discretion when determining matters such as maintenance, division of matrimonial assets, and any other relief deemed just and fit to grant. However, based on previous cases, this discretion is not limitless. We have not had a divorce case like yours in Tanzania, but our review of cases in other countries shows that Courts generally avoid compelling one spouse to fund personal aesthetic procedures.

Tattoo removal is typically considered a personal choice, rather than a matrimonial obligation. It does not fall under recognised heads of relief such as spousal maintenance, equitable distribution of property, or child-related orders, which are directly addressed by the Tanzanian law. While you might attempt to rely on foreign cases and frame the removal as a remedy linked to emotional harm or psychological well-being, the Court is unlikely to treat it as a compensable matrimonial cost unless exceptional circumstances exist. These would include evidence that the tattoo is causing severe psychological distress directly tied to the marriage’s breakdown.

Realistically, the most effective path for you is not litigation, but rather negotiation. You can approach lawyers, religious leaders, or elders, and they may be able to persuade your husband to pay for the removal, or you can consider raising the funds yourself. In simple terms, your best chance lies in reaching an amicable agreement rather than relying on a judicial directive. Consult your lawyer for further guidance and seek psychological help as you navigate the divorce.