Alimony generally refers to the court ordered payment that is required to be paid by one spouse, generally the husband, to the other spouse who is generally the wife, under a divorce agreement. The amount is paid for the maintenance of the spouse who has a lower income or when they have no income at all.
However, under the UAE Personal Status Law, alimony or maintenance refers to expenditure that is required to be borne by the husband for the upkeep of the family. The UAE personal status Law which is based on Sharia principles, stresses on the responsibility of the husband to be the provider of the family.
New Personal Status Law
UAE has recently issued a new personal status law under Federal Decree Law no. 41 of 2024 (“New Law”). This law will be enforced in April 2025 and will replace the old personal status law under Federal decree Law No. 28 of 2005 (“Old Law”). As the New Law has brought about significant changes to provisions relating to alimony, the concept of alimony under the UAE laws will be explained in the context of the changes made under the New Law.
Expenses Included in Alimony
Article 95 of the New Law provides that alimony or maintenance must cover basic necessities such as food, clothing, shelter, medical care, and education. Article 96 further states that the quantum of alimony will depend on the financial capacity of the provider of the alimony and the condition of the recipient of the alimony, and the economic situation of the time and place.
Alimony not Restricted to Money
A significant change is made to the provisions relating alimony under Article 96. Although previously Alimony was always provided in the form of monetary payment, the New Law specifies that Alimony may be provided either as cash or in kind or in the form of benefits.
Non-payment of Alimony- a Ground for Divorce
A husband is obligated to pay alimony or maintenance to the wife, even if the wife is financially well off. Article 77 of the New Law states that not providing for the wife is a valid ground for divorce.
Backdated Expenses
If a husband refrains from paying maintenance to his wife, the money will be considered a debt on the husband from the date that he stopped paying, and this debt cannot be forfeited except by payment or by discharge. Consequently, a wife may approach the court to enforce the husband to pay alimony in the form of both continuous alimony (current maintenance) and past alimony (backdated expenses). Under the Old Law, the husband could be made liable for the payment of backdated expenses for the previous three years. However, Article 99 of the New Law stipulates those backdated expenses may be claimed only for the previous two years.
Alimony and Backdated Expenses for children
A man’s responsibility to provide is not limited to his wife. He is also responsible to provide for his children and the maintenance for children also include basic necessities as provided under Article 95. However, a claim for backdated expenses for the children are limited for the previous one year.
Increase or Decrease in Alimony
Article 97 of the New Law states that Alimony may be increased or decreased as per the changing circumstances. Generally, one may request the reconsideration of alimony after one year from the date the alimony judgement became final. In cases of increase in alimony, the ruling may have a retroactive effect of up to six month. Under the Old Law, increase in alimony could not have any retroactive effects.
Privileged Debt
The law further stresses on the importance of providing alimony to the family by stating under Article 98 that the payment of continuous alimony will be considered a privilege debt. Thus, if the husband is undergoing financial difficulties or insolvency, his obligation to pay continuous alimony will be considered as a privileged debt, giving it precedence over other debts that he is required to pay. However, payment of past alimony or backdated expenses will be considered as equal to other debts.
Forfeiture of the Wife’s Right to Alimony
Although alimony is an important obligation on the husband, a wife may lose her right to alimony under certain conditions.
- If the wife refuses intercourse with her husband without a valid reason;
- If the wife refuses to move to the marital house or stay overnight in it, without a valid reason;
- If the wife refuses to travel with the husband without a valid reason. This is a newly added provision under the New Law.
Islamic culture deeply emphasizes the importance of a man providing for his family. With the wife being in charge of managing the affairs of the family and the husband being responsible for the financial obligations, it provides stability to the family unit and a division of responsibilities.