The Personal Status Law applies to maintenance, a family law component. Marriage, divorce, succession, child custody, care, and guardianship are all governed by the Personal Status Law in the UAE. It is based on Sharia Law. In the United Arab Emirates, spousal maintenance is governed by Federal Law No. (28) Of 2005, On Personal Status, the woman is permitted to ask a court to require her husband to pay her the alimony for her support. A husband’s responsibility for his wife and children is outlined in Article 63 of the Personal Status Law. It is advisable to seek legal advice from a family lawyer like HHS lawyers in Dubai in matters relating to the maintenance of a wife.
Working wife entitled to Alimony in the UAE
Now, even though a woman may be working, a man cannot refuse to pay the alimony amount to his wife on the ground that she is employed. The spouse is ultimately responsible for paying maintenance and child support, even if a woman’s money may be a decisive factor in how much maintenance should be given. One sort of judicial separation that might happen when the husband refuses to pay Alimony to his wife is a judicial separation for abstention from support.
According to Article 124, “If the present husband abstains from supporting his wife and he does not have apparent funds from which he can pay, within a short time, the due alimony, the wife may ask separation”. The court may order an early divorce if the spouse claims he is insolvent but provides no supporting documentation. Even if there is proof of the husband’s bankruptcy, the court may grant him a month’s respite if he refuses to say whether he is solvent or insolvent and continues to fail to provide for his wife.
Right of Wife to Alimony
A husband is liable for his wife and children in the following ways, according to Article 63 of the Personal Status Law:
1. Alimony covers all the marriage kindly needed, including food, clothes, housing, medical care, and servicing costs for the wife if she is providing such services for her family.
2. If the wife’s financial status does not fall below the “sufficiency level,” consideration will be given to her circumstances, financial situation, location, and time when deciding how much Alimony to award.
3. One eyewitness would be sufficient to determine the sort of maintenance to be performed, as well as the housing situation and other variables.
Women who demonstrate that their husband’s inability to pay was caused by one of the following situations are entitled to recover the money they have already spent.
Conditions for Alimony
- Article 67 specifies the conditions of Alimony and lists them as follows:
- Alimony to the wife is due as of the date of refrainment from payment when due as a debt on the husband, independently of a court judgment or agreement. It is not forfeited except by payment or discharge.
- A claim for Alimony for a past period exceeding three years from the date of introducing action in court shall not be heard unless the agreement imposes it. It is because Alimony is payable to the woman under a legitimate contract if she is estranged from her husband.
- As per Article 78, “Alimony is due from the father to a child who has no financial resources until the girl marries or the boy reaches the age at which his fellow-mates can earn a living, whichever comes first unless the boy is a student who is continuing his studies with a normal rate of success”.
- Under Article 80 of the Personal Status Law, The child’s Alimony is on his well-to-do mother if he lost his father, without funds, or if he was unable to support him. The mother may revert on the father for the amount spent if he improves his financial capacity and he or the judge authorised the expenditures.
Court of Cassation in Judgment no. 99/ 2005 stated that “as long as it is required, spousal alimony is regarded as a debt due by the husband and cannot be discharged other than by payment or release”
Conclusion
According to the law, a speedy divorce is permissible if the spouse falsely claims he cannot afford to pay the Alimony and is subsequently proven guilty. The court may grant him 30 days to resolve the matter if he can show that he is in a challenging situation. The position and income of the husband must be established in court. Alimony is always paid by the husband to the wife and is not subject to exceptions. The court may also rule that it should be treated as a debt if it is not paid. It implies that the spouse must pay it regardless of cost. Recently, a new norm of fixed payments was established, under which a woman may request Alimony up to the limits set by federal law.
For Alimony-related issues, please don’t hesitate to contact our family lawyer at HHS Lawyers and Legal Consultants.
