When is the wife entitled for alimony in UAE?

Maintenance shall cover food, clothing the house, treatment, a servant for the wife if she is served in her family's house

By Ashish Mehta

Published: Tue 3 Oct 2017, 7:09 PM

I am married working woman having two children. I was residing with my husband and some disputes happened between one of his family members and me. I felt uncomfortable staying in the same house with the said family member and shifted to another accommodation. I visit my children regularly but feel that the marriage cannot continue unless the situation changes. If divorce is the only option, how can I ensure that my husband will pay maintenance? I cannot afford to support children on my own.
Pursuant to your queries, if you are willing to file a divorce in the UAE, as a wife you are entitled for alimony and maintenance for yourself and children in accordance with the Personal Status Law of the UAE. The husband must maintain his wife and children in accordance with Article 63 of the Federal Law No. 28 of 2005 Concerning Personal Status (the 'Personal Status Law') which states:
(1) Maintenance shall cover food, clothing the house, treatment, a servant for the wife if she is served in her family's house and what is kindly required by conjugal relationship.
(2) Maintenance shall be determined according to the financial ability of the maintainer and the condition of the dependent and the economic situations in terms of place and time. However, maintenance shall not be less than the sufficient limit.
(3) The exploration (inspection) certificate shall be sufficient for deciding the kinds of maintenance, the amount of custody, the house and the conditions on which any decided thing of what is mentioned depends."
Further, a wife is entitled for alimony once her husband stops providing her basic needs in accordance with Article 67 of the Personal Status Law, which states: "The wife's alimony shall start from the date the husband abstains from supporting her. It shall be considered a debt due from him without dependence on the judiciary or mutual consent, but it shall be extinguished by payment or absolution.
Actions for claiming alimony for a previous period exceeding three years from the date of filing the action shall not be heard unless it is imposed by mutual consent."
Your children are also entitled for maintenance by their father in accordance with Article 78(1) of the Personal Status Law, which states: "Maintenance of the youngster having no financial resource shall be borne by their father. Girls shall be maintained till they get married, while boys shall be maintained till they reach an age at when he can earn money, unless he is student pursuing his study with usual success."
Know the law
According to Article 78(1) of the Personal Status Law: "Maintenance of the youngster having no financial resource shall be borne by their father. Girls shall be maintained till they get married, while boys shall be maintained till they reach an age at when he can earn money."
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.