How is spousal maintenance calculated in the UAE? Yes. Courts assess the applicable legal criteria rather than applying a universal statutory percentage of income.
Article 96 of Federal Decree-Law No. 41 of 2024 considers the payer’s capacity, the recipient’s circumstances, and economic conditions. A separate civil framework governs qualifying non-Muslim cases.
Is Spousal Maintenance Calculated in the UAE Using a Fixed Percentage
Article 96 does not prescribe a fixed percentage or rigid formula. It requires an assessment of financial capacity, the recipient’s position, and economic conditions in time and place.
Maintenance may be paid in cash. Providing property or a benefit in kind may also satisfy maintenance obligations within the applicable legal framework.
Unofficial figures such as 15% to 20%, or 25% of income, are not statutory formulas. They should not replace the assessment required by law.
Financial experts may use indicative assessment methods in particular cases. The legal criteria and an expert’s technical assessment remain distinct.
The judge applies the governing law. An expert analyzes accounts and financial records to present the parties’ financial position.
Identify the Applicable Legal Framework
Federal Decree-Law No. 41 of 2024 applies within the scope set by its Article 1. This includes citizens where either party is Muslim.
It also addresses non-Muslim citizens without applicable special rules and non-citizens, subject to the provisions concerning invocation of another applicable law.
Articles 95 and 99 address the wife’s entitlement under a valid marriage contract and the statutory conditions. Article 99 applies even if she is financially solvent.
The entitlement depends on her making herself available to her husband in fact or as legally deemed. Article 95 includes food, clothing, housing, medical care, and education according to custom.
Federal Decree-Law No. 41 of 2022 provides a separate civil framework for qualifying non-Muslim citizens and foreign residents. Its scope includes provisions concerning invocation of their own law.
Under that framework, marriage-contract terms concerning financial rights must be checked before applying the statutory divorce assessment.
The guide to spousal maintenance after divorce in the UAE explains why different payments should be identified separately.
Financial Evidence and Accounting Expert Reports
The evidence should establish the payer’s income, salary, assets, and obligations. It should also explain the recipient’s financial and personal circumstances.
For the civil framework, Article 1 of Cabinet Resolution No. 122 of 2023 defines the accounting expert report. It assesses each spouse’s income sources, wealth, and property.
Article 7 allows the court to appoint an accounting expert. The court retains discretion over reliance on the report.
The report may be bilingual when the court considers this necessary because of the case circumstances and the parties’ nationalities. Expert evidence supports the judicial assessment rather than replacing it.
Non-Muslim Divorce Financial Claims
Article 9 of Federal Decree-Law No. 41 of 2022 addresses a divorced woman’s alimony and related financial claims. Where no controlling marriage-contract agreement exists, the judge assesses the application and duration.
The statutory factors include:
- The number of years of marriage.
- The wife’s age.
- Both spouses’ financial positions, assessed through an accounting expert report.
- The extent of the husband’s contribution to the divorce through fault, neglect, or conduct leading to it.
- Compensation for material or moral harm.
- Financial harm arising from divorce by unilateral will.
- The father’s bearing of the mother’s joint-custody costs for a temporary period not exceeding two years.
- The extent of the wife’s care for the children.
Article 9 also provides for alimony to end if the wife marries another man or her custody ends for any reason. The applicable order’s components must be identified.
A new request to modify alimony may be made after each year or according to changing circumstances. Read about cohabitation and spousal maintenance for the distinction between a new relationship and formal remarriage.
Need Help Assessing a Maintenance Claim?
Discuss the applicable law, financial evidence, existing agreements, and the different types of support with our lawyers.
Compensation Under the Civil Executive Regulations
Article 6 of Cabinet Resolution No. 122 of 2023 addresses compensation. The judge may require either spouse to pay a lump sum to the other.
Its calculation criteria include the marriage’s duration, financial position, standard of living, and contribution to the other spouse’s wealth.
They also include education, employment, the number and ages of children, and financial dependence. Compensation and ongoing maintenance should therefore be assessed under their respective provisions.
Increasing or Reducing Maintenance Under the 2024 Law
Article 97 allows an increase or reduction when circumstances change. It sets specific timing rules:
- An increase cannot operate retrospectively for more than six months.
- A reduction generally applies from the judgment date, unless the judgment specifies another date.
- A variation claim is generally not heard until one year after the maintenance judgment becomes final.
- Exceptional circumstances assessed by the court may permit an earlier variation claim.
The guide to modifying alimony payments after divorce in Dubai discusses how the nature of the existing award affects the application.
Continuing Maintenance and Past Claims
Article 98 gives continuing maintenance due from the filing date privileged status. For the wife, children, and parents, that debt takes priority over other debts.
Past maintenance is treated under the rules governing other debts. This distinction affects enforcement priority rather than creating a fixed calculation percentage.
Under Article 99, the wife’s maintenance is extinguished only by payment or release. A claim covering a period more than two years before filing is not heard.
Temporary Maintenance During Proceedings
Article 100 of Federal Decree-Law No. 41 of 2024 allows temporary maintenance during the maintenance case. The wife may request it for herself and her children.
The court’s decision against the respondent is immediately enforceable by operation of law.
For qualifying civil divorce cases, Article 10 of Cabinet Resolution No. 122 of 2023 provides a separate temporary alimony route. It applies after divorce while financial rights remain undecided.
The court considers documents showing both spouses’ monthly income and the bank statement for the last six months. It decides through an order on petition.
The application may be rejected if the divorced woman has employment or stable income sufficient for her basic needs.
Temporary Housing After Civil Divorce
Article 9 of Cabinet Resolution No. 122 of 2023 permits a divorced woman to request temporary housing assistance after the divorce judgment.
The allowance may be provided in kind or cash. The judge determines its amount and duration by reference to her previous living conditions and her ex-husband’s financial position.
Different terms agreed in the marriage contract must also be considered. Housing assistance should remain distinct from the temporary maintenance application and any compensation claim.
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