Under UAE law, Spousal Maintenance is governed by the Federal Law No. (28) of 2005 On Personal Status where the wife has a right to petition the court to direct the husband to pay her spousal maintenance. The husband must maintain his wife and children in accordance with Article 63 of the Personal Status Law which states:
- Alimony includes food, clothing, shelter, medical care, servicing charges for the wife, if she is performing such services within her family, and all related maintenance that the family requires.
- In arriving at the amount of alimony, consideration will be given to the circumstances of the wife, her financial position, place and time, and that it does not fall below the “sufficiency level”.
- Regarding arriving at the kind of maintenance to be provided, eyewitness evidence would be sufficient to determine the kind of maintenance, housing and related conditions to be provided for.
Moreover, the husband has the duty to provide the wife her dues from the moment the husband stops providing her basic needs as mentioned in Article 67. This makes the wife entitled to the dues even without a court judgment and irrespective of what the parties mutually agreed. The wife also has the right to claim the dues related to the children from the father. Article 78(1) provides for the rights of the children, and that the maintenance of the youngster having no financial resource will be borne by their father. Girls shall be maintained till the time they are married, and boys till the time they reach their adulthood.
As for alimony due after divorce, for non-Muslims in the UAE, in a recent development, the United Arab Emirates introduced Federal Decree Law No. 41 of 2022 on Civil Personal Status. This law brings transformative changes to the divorce landscape for non-Muslims in the UAE.
Federal Decree Law No. 41 of 2022 addresses the issue of financial support for the divorced spouse. After the issuance of a divorce judgment, a divorced woman can apply for alimony from her former husband.
The court has the discretion to rule on the amount and duration of alimony based on several factors, such as the duration of the marriage, the age of the wife, the economic status of each spouse, contributions to the divorce, and any material or moral damages suffered. Amendments to the alimony can be made annually or in response to changes in circumstances.
OUR FAMILY LAWYERS EXPERTISE
During an on-going battle, it is crucial for the spouse/wife, either in a divorce proceeding, or claiming maintenance, to seek the assistance of an expert UAE Family Lawyer to carefully represent the case in terms of seeking the adequate level of maintenance.
Our Proconsult Family Lawyers have the experience to place emphasis on all aspects of the proceeding, and to seek from the court to grant the maximum rewards in terms of support for the spouse. We will guide you during your maintenance claim making sure that your story, situation and your needs are diligently expressed to the Judge to bring about the best possible outcome.