Spousal Maintenance After Divorce in UAE depends on the law governing the spouses and the type of claim. The general Personal Status Law provides for waiting-period support in specific cases. Civil alimony follows a separate legal framework.
Which Rules Govern Spousal Maintenance After Divorce in UAE
Articles 95 to 102 of Federal Decree-Law No. 41 of 2024 govern maintenance during marriage, waiting-period support, and mut’ah compensation where the law applies. Non-Muslim spouses may fall under a civil personal status system or another law permitted in their circumstances.
Federal Civil Divorce and Abu Dhabi Civil Marriage
Article 9 of Federal Decree-Law No. 41 of 2022 governs federal civil alimony. Articles 6 and 7 of Cabinet Resolution No. 122 of 2023 address financial awards and compensation. Abu Dhabi applies Article 8 of Law No. 14 of 2021 where that local law governs.
A former wife can make a financial claim after the divorce judgment. The court considers the contract, finances, and other statutory factors. It may appoint an accounting expert when needed. A separate application may be necessary to determine the financial rights that arise after divorce.
Iddah Maintenance and Mut’ah Compensation
Support During the Waiting Period
Iddah is the waiting period after divorce or death. Article 101 requires maintenance after a revocable divorce. A pregnant woman in iddah after an irrevocable divorce receives maintenance until she gives birth.
A woman in iddah after an irrevocable divorce without pregnancy receives no maintenance. Article 101(4) also excludes ordinary iddah maintenance after khul’ or death. Article 101(5) sets out a separate rule for expenses during the waiting period after death.
Article 101 also provides for the woman to stay in the marital home during iddah, or in suitable alternative accommodation if needed. This housing right is separate from cash maintenance.
When Mut’ah Can Be Awarded
Article 102 applies where a valid marriage was consummated. Mut’ah is separate compensation that may apply when the husband divorces by his sole decision without a request or cause from the wife. It may also apply when the husband is responsible for the divorce or annulment.
The court considers the husband’s finances and the harm suffered. It can award up to one year’s maintenance for a woman in comparable circumstances and allow payment in installments.
Filing a Claim and Enforcing an Order
Collect the records that support the specific payment you are claiming.
- Marriage and divorce records.
- Evidence of pregnancy when relevant.
- Records of income and expenses, including salary certificates or bank statements when useful.
- Financial agreements and proof of payments already made.
The necessary period of bank or salary records depends on the case. Article 8 allows referral to family guidance where appropriate and excludes urgent or temporary cases. Under Article 100, a wife can request immediately enforceable temporary maintenance for herself and the children during the case.
New iddah maintenance stops accruing when the waiting period ends. Unpaid amounts may still be claimed under the applicable rules. Article 99(3) limits claims for past marital maintenance to two years before filing.
Article 98 gives priority to continuing maintenance from the filing date. Past arrears have a different priority. Under the Civil Procedure Code, Federal Decree-Law No. 42 of 2022, Article 226 addresses enforcement by a personal status execution judge. Article 215 provides for expedited enforcement.
When Maintenance Can Change
Article 97 generally allows a change after one year from the final judgment, unless exceptional circumstances justify an earlier claim. Increases can reach back no more than six months. Reductions apply from the judgment date unless the court specifies otherwise. See how maintenance awards can be modified after divorce.
Child Maintenance Is a Separate Claim
Article 106 generally requires the father to support children without sufficient funds, subject to the statutory exceptions. Article 111 addresses past child maintenance, and Article 119 addresses certain housing costs for a custodian.
In the federal civil system, Articles 11 and 12 of Cabinet Resolution No. 122 of 2023 address the father’s responsibility for child expenses. A permissible contractual agreement and the court’s assessment may affect those expenses. The guide to maintenance after mutual divorce explains how separate child and spousal claims can arise after a settlement.
