Under Article 67 of the UAE Personal Status Law, 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 debt if it isn’t paid. It implies that the spouse must pay it regardless of cost. If it is not paid at that time, it must be paid and will be included as payables. New Decision No. 3 of 2021 determining the amount of Alimony to wife after divorce and children has just been implemented. It allows Alimony to wife based on the amounts specified by federal legislation and several emirates. Family lawyers in the UAE may provide a deeper understanding of it.
Legal Provision relating to Alimony to wife after divorce in the UAE
Article 69 of Federal Law No. 28/2005 stipulates that the divorcee must assist the wife for three months after the divorce (Idda months).
Women may also be entitled to compensation in the following situations:
- Following Article 67 of Federal Law No. 28/2005, for the time that her spouse was unable to pay her support; or
- Following Article 68 of Federal Law No. 28/2005, for moral and psychological harm brought on by the divorce.
- When it was agreed upon at the time of marriage and included in the marriage contract, a late dowry, a woman may also be allowed to demand financial support from her husband.
Even if he is given custody of the kids, a husband cannot ask for spousal support from his wife in the UAE. While the divorce is ongoing in court and is not yet finalized, maintenance (Nafaqa) is set temporarily. The court may assign interim support for the wife and kid at the woman’s request.
Federal Decree-Law No. 5/2020 revised Article 71 of Federal Law No. 28/2005 to provide that the following situations would result in the wife’s Alimony being forfeited:
- If she abandons the marital home without a good reason;
- If she forbids her husband from entering the marital home without a good reason;
- If she forbids her husband from having her;
- If the court makes a judgment or a resolution in restricting her freedom in a matter that is other than a right of the husband and that is being executed; or
- If she violates the legal requirements for her marriage responsibilities.
Factors determining Amount of Alimony to wife after Divorce as per New Decision No. 3 of 2021
The Dubai Courts published Decision No. 3 of 2021 at the start of the year, which arranged how personal status issues would be applied. We believe that the enormous and spectacular improvements brought about by this choice could catch the attention of many people interested in UAE family issues. The amount of cost determined by the courts using the following criteria represents one of the most significant changes:
When calculating Alimony, the following guidelines must be taken into account:
- Considering the significant debts as determined by the court’s discretion, the total amount of maintenance the ex-husband must pay shall not exceed (60%) of his net income.
- Unless she owns the home, she lives in, or if a house has been designated for her use, the custodial mother is entitled to housing benefits. However, if her home or the designated home is inadequate to meet the child’s needs or if keeping it would go against the child’s best interests, she may still be eligible.
- If the child already owns their home, the housing allowance could not be given.
- If the custodian has a residence ready for use and it is mortgaged, they do not have the right to get housing assistance from the guardian as long as they have other income to service the mortgage.
- If the home is acceptable for the mother and the child, she has no right to receive allowances.
- The custodial mother would not be eligible for the housing allowance if she remarried after being divorced, if she retained custody after that second marriage to a different person, or if the father had not asserted his right to custody as a result of marriage.
- Along with the housing allowance for the caretaker, the judge must also consider DEWA, internet, and other necessities of life.
- The housing allowance must be reasonable given the father’s salary, the number of children, and the marital residence that was previously utilized during the marriage.
- If the custodial mother earns such allowances from her job, which cover both the bus and the schooling, she is not entitled to receive education expenditures.
- Based on the husband’s salary, the Dubai Courts provided guideline tables for the costs, which might be ruled in the wife’s favour. It is crucial to remember that the decision serves as a reference and does not require that the amounts listed be followed.
According to Article No. 2 of Decision No. 3 of 2021, the context of this decision is provided for guide purposes only and is not required to be followed. It must be considered in any pending procedures or cases before the decree is issued.
The purpose of this article is not to provide legal advice. Its content is purely suggestive and subject to change in light of legislative actions. We advise you to seek specific advice from a family lawyer regarding whether the UAE is the appropriate jurisdiction to initiate divorce proceedings and claim Alimony. A wife must show the court her husband’s rank and financial standing. As a result, meeting with and speaking with family lawyers like hhs lawyer in the UAE is essential. They will explain the estimated claim, the likelihood of success, and the next steps. Time will be saved, and the wife will get the best decision possible from the judge.