Does Spousal Maintenance Stop If You Cohabit in the UAE? Living together, or informal cohabitation, does not automatically stop a wife’s maintenance in the UAE. Whether maintenance continues depends on the applicable law, the type of maintenance ordered and the court order itself.
Article 9(9) of Federal Decree-Law No. 41 of 2022 is the key provision for non-Muslims. It states that official marriage is the specific cause for maintenance to drop. Informal cohabitation is not treated as equal to marriage.
Does Spousal Maintenance Stop If You Cohabit in the UAE?
Article 9 of Federal Decree-Law No. 41 of 2022 sets the rule for civil divorce maintenance. The divorced woman’s right to maintenance ends if she marries another man or her custody of the children ends for any reason.
Article 8 of Abu Dhabi Law No. 14 of 2021 is narrower. Custody ends only if she marries another man.
So living together after divorce is not listed as a ground for dropping maintenance. The specific legal grounds are remarriage or losing custody.
If you are unsure which rule applies to your case, speak to our lawyers on WhatsApp or use the Contact Us page.
What about temporary maintenance?
Article 10 of Cabinet Resolution No. 122 of 2023 sets the procedure for temporary maintenance. The divorced woman can apply to the competent court for temporary maintenance until the financial rights from the divorce are decided.
The court decides based on the documents submitted. It may reject the request if the divorced woman has a job or a stable income that covers her basic needs.
Can maintenance be changed later?
A change in economic circumstances can justify a new request to modify maintenance. This can be done every year, or when circumstances change, under Article 9 of Federal Decree-Law No. 41 of 2022. The right to maintenance continues until a clear legal ground for ending it is met.
Need Advice on Maintenance After Divorce?
Discuss your existing order, the applicable legal framework, and evidence of changed financial circumstances with our lawyers.
How can you ask the court to reduce, change or end maintenance?
Start by reading the full operative part of the judgment. It tells you the legal basis for your request. Then prepare financial evidence showing that the payer’s ability has changed, or that the recipient’s needs have changed.
Get the official records that support this.
For the court process involving children, see our guide to filing a child custody case in Dubai.
Filing a case does not automatically suspend the maintenance obligation. The obligation continues until a new judgment modifies or ends it.
The court compares actual income and living costs. Article 9(3) of Federal Decree-Law No. 41 of 2022 makes each spouse’s financial position a factor the judge assesses. A court-appointed accounting expert prepares a full report on both parties’ financial position.
Under Article 1 of Cabinet Resolution No. 122 of 2023, the report aims to establish the true financial position of each spouse so that maintenance is calculated fairly.
Article 10(2) of the same resolution sets what the court reviews. It decides based on the documents the wife submits to show both spouses’ monthly income. This includes, in particular, the bank statement for the last six months, to keep the assessment accurate.
The request to modify maintenance is based on Article 9 of Federal Decree-Law No. 41 of 2022. It allows a new request every year, or when circumstances change.
Under Article 2 of Evidence Law No. 35 of 2022, the burden of proof falls on the person requesting the change. The claimant must prove that their circumstances, or the other party’s, have actually changed. A mere claim is not enough.
For a separate child-support issue, read about who pays child maintenance in the UAE.
To review the right procedure to modify maintenance, speak to our lawyers on WhatsApp or use the Contact Us page.
Questions About Cohabitation and Maintenance
Does remarriage automatically terminate civil alimony in the UAE?
Yes, a divorced woman’s civil alimony ends automatically and by force of law if she marries another man, under Federal Decree-Law No. (41) of 2022 on Civil Personal Status, Article (9/9).
Does cohabitation automatically end spousal maintenance under UAE law?
No, spousal or civil maintenance does not end automatically through informal cohabitation. It requires a court case to reassess it when circumstances change, based on Federal Decree-Law No. (41) of 2022, Article (9/9).
Can child support be stopped if the custodial parent cohabits?
No, child support may not be stopped because the custodial mother cohabits. The child’s maintenance remains due from the father under Federal Decree-Law No. (41) of 2024 on the issuance of the Personal Status Law, Article (106).
What is the time limit to request a maintenance review under the 2024 Personal Status Law?
A claim to increase or reduce maintenance is not heard before one year has passed from the date the judgment became final, except in exceptional circumstances, under Federal Decree-Law No. (41) of 2024, Article (97/3).
Book Your Consultation
To discuss spousal maintenance, remarriage, changed financial circumstances, or an application to vary an existing order, book your consultation on WhatsApp.
