Quick Answer
In Dubai, alimony is not calculated by a fixed formula. The court assesses the husband’s actual financial ability, the beneficiary’s needs, and the economic conditions at the time and place. Under Federal Decree-Law No. 41 of 2024, the court considers income, living costs, housing, treatment, education and other necessary expenses. For non-Muslim civil divorces, Article 9 of Federal Decree-Law No. 41 of 2022 gives the judge broader discretion when setting the amount and duration.
How Alimony Is Assessed Under Federal Decree-Law No. 41 of 2024
Article 95 provides that alimony covers basic necessities such as food, clothing, housing, treatment and education. Article 96 regulates how the amount is assessed by reference to the husband’s actual financial ability, including salary items and total income, the beneficiary’s living, health and education needs, and the economic conditions and cost of living.
Ongoing Marital Alimony
Under Article 99, alimony is due to the wife under a valid marriage contract and does not fall away except by payment or waiver. A claim for marital alimony for a period exceeding two years before the filing date will not be heard.
Article 103 provides that alimony may be dropped if the wife prevents herself from her husband or refuses to move to or remain in the marital home without a rightful excuse.
Waiting-Period and Housing Alimony
- Under Article 101, a woman in a revocable divorce is entitled to alimony for food, clothing and treatment, together with housing in the marital home during the waiting period.
- A woman in an irrevocable divorce who is pregnant is entitled to alimony and housing until she gives birth.
- There is no waiting-period alimony after khula or death unless the woman is pregnant. Where the husband has died, pregnancy maintenance is paid from the unborn child’s property, or from the child’s heirs if the unborn child has no property.
Divorced Woman’s Compensation (Mut’a)
Where the husband divorces his wife by unilateral will after consummation of a valid marriage, without her request and for no reason on her part, or where the separation was caused by him, Article 102 provides for financial compensation separate from waiting-period alimony.
The compensation may not exceed one year’s alimony for women of a similar standing. The court considers the harm suffered and the husband’s financial circumstances, and it may order payment in instalments.
Child Alimony and Custody Costs
Articles 106 and 119 provide for child maintenance from the father. For a female child, maintenance continues until she marries or works. For a male child, it continues until he reaches an age at which he can earn a living, unless he is continuing his studies successfully.
Child maintenance includes education costs, medical care and breastfeeding fees. The father may also be required to provide custody housing or cover housing costs for the children living with their custodial mother, unless the mother owns suitable housing in which she lives.
Understand What Your Alimony Claim Should Include
Speak with Faris Raian about the applicable law, evidence of income and expenses, and the separate claims for spousal support, child maintenance and compensation.
How Alimony Is Calculated Under the Civil Personal Status Law
For non-Muslim civil divorces, Article 9 of Federal Decree-Law No. 41 of 2022 allows a divorced woman to request alimony after the divorce judgment. If there is no written financial agreement in the civil marriage contract, the court decides the amount and duration.
The factors identified in the source article include:
- Length of the marriage: The duration of the marriage affects the amount of alimony.
- Wife’s age: The court considers the wife’s age and its effect on her ability to earn a living or remarry.
- Financial position of each spouse: An accounting expert may assess the financial status of both spouses.
- Husband’s contribution to the divorce: The court may consider conduct that contributed to the breakdown of the marriage.
- Compensation for harm: Material or moral harm resulting from the divorce may be assessed.
- Direct financial losses: The court may consider financial losses caused by a unilateral divorce request.
- Joint custody costs: Housing and living expenses for the children may be assessed through an accounting expert’s report and the court’s order.
- Wife’s care for the children: The court considers the mother’s actual role in caring for and raising the children.
- Modification and termination: Civil divorcee alimony may end on remarriage or at the end of the period fixed by the judge, and a new request to modify the amount may be made after one year or where circumstances change.
Practical Steps Before an Alimony Claim
- Prepare evidence of the husband’s salary, income, and other financial resources where lawfully available.
- Prepare a clear monthly budget showing housing, food, healthcare, education, and other relevant needs.
- Keep records of payments already made and any unpaid amounts.
- Check which legal framework applies before calculating the claim, because the 2024 Personal Status Law and the 2022 Civil Personal Status Law use different approaches.
How Faris Raian Can Assist
Faris Raian can assist with UAE family law matters involving spousal alimony, child maintenance, waiting-period support, compensation after divorce, and the enforcement or modification of financial orders. The appropriate approach depends on the applicable family law framework and the evidence of income, expenses, and family circumstances.
Frequently Asked Questions
Is a divorced woman entitled to alimony after khula or the husband’s death?
According to the source article, Article 101 generally does not provide waiting-period alimony after khula or death unless the woman is pregnant. A pregnant woman may have maintenance and housing rights until delivery, subject to the specific legal framework.
What is Mut’a compensation?
It is financial compensation separate from waiting-period alimony. Under Article 102, it may apply where the husband divorces his wife unilaterally without her request or fault, or where the separation is due to him, with a cap of one year’s alimony for women of a similar standing.
Does a wife automatically lose marital alimony if she leaves the marital home?
The source article states that Article 103 suspends ongoing marital alimony only in defined circumstances, such as refusing to remain in the marital home without a rightful excuse. A justified departure is treated differently.
Can a wife claim past marital alimony?
The source article states that Article 99 does not allow a claim for marital alimony covering more than two years before the filing date.
Key Takeaway
Alimony in Dubai depends on the legal framework, the type of support claimed, and the evidence of financial ability and need. The court does not use one fixed formula for every family. A well-prepared claim should identify the correct law, separate spousal and child-related entitlements, and support each requested amount with documents.
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