ALIMONY AND CHILD SUPPORT IN THE UAE: LEGAL STRUCTURE AND RESPONSIBILITIES
28 November 2023
Manasi Dicholkar
In the United Arab Emirates (UAE), post-divorce financial responsibilities for spouses and parents are governed by UAE Federal Law No. 28 of 2005 on Personal Status. This legislation outlines the regulations for alimony and child support, safeguarding the financial welfare of ex-spouses and children.
Dubai: Divorce can be an emotionally challenging period for individuals. However, it's crucial to recognize that financial matters, such as alimony and child support, hold significant importance. In the UAE, the personal status law allows expatriates to select a law based on various factors, and selecting the appropriate legal framework is of utmost importance.
We offer insights into alimony and child support in the UAE, elucidating the legal framework and the duties of each party involved.
1.ALIMONY: Alimony, also referred to as spousal support or maintenance, denotes the financial aid provided by one spouse to the other after divorce. In the UAE, the husband might be obliged to offer alimony to his former spouse, contingent upon her financial needs and the husband's financial capacity. Factors taken into account when determining alimony comprise the duration of the marriage, the wife's financial resources, and the marital lifestyle.
Article 63 of Federal Law No. 28 of 2005 Concerning Personal Status (the "Personal Status Law") discusses the provision relating to Alimony of wife under Personal Status Law in the UAE. It reads as follows:
(1) The wife's maintenance should include food, clothes for the home, medical care, a servant if she lives with her family, and whatever the marriage requires.
(2) Maintenance should be set following the maintainer's financial capacity, the dependent's health, and the local and global economic conditions. Maintenance must, however, not fall below the necessary level.
(3) The exploration (inspection) certificate is adequate for determining the types of maintenance, the quantity of custody, the residence, and the circumstances on which any decision about the above is dependent.
2.CHILD SUPPORT: Child support is the monetary contribution made by both parents to cover child-rearing expenses following divorce. Typically, in the UAE, the father assumes primary financial responsibility, encompassing costs related to food, clothing, housing, education, and healthcare. The mother may also be required to contribute financially if she possesses the means to do so.
3.ALIMONY & CHILD SUPPORT AMOUNTS: Calculating alimony and child support amounts in the UAE is contingent on multiple factors, including the recipient's financial requirements, the payer's ability to provide support, and the standard of living during the marriage. Other considerations may involve the parties' age, health, marriage duration, and any prenuptial agreements.
4.ALIMONY & CHILD SUPPORT ENFORCEMENT: UAE courts legally enforce alimony and child support payments. Should a spouse fail to fulfill payment obligations, the recipient can petition UAE courts for enforcement. The court has various options to ensure compliance, such as wage garnishment, asset seizure, or imprisonment for non-payment.
5.EXPATRIATES ALIMONY & CHILD SUPPORT: Expatriates residing in the UAE are subject to the country's family laws concerning alimony and child support. Nevertheless, specific rules and procedures governing these payments may vary based on the couple's nationality and religious affiliation. Expatriates are encouraged to seek guidance from legal experts well-versed in UAE laws and their home country's laws to establish a just and legally enforceable alimony and child support arrangement.
Therefore, Under Article 63, the husband is obligated to financially support his wife starting from the moment they enter into a legally binding marriage contract, as long as she complies with her marital duties, even if she is financially independent. This obligation is compulsory and cannot be evaded until fulfilled or legally discharged. Therefore, spousal alimony is considered a financial obligation owed by the husband from the date of their marriage and continues until it is settled or legally resolved.
Furthermore, as stipulated in Article 67 of the Personal Status Law, which states that 'the wife's entitlement to alimony begins when the husband ceases to provide for her,' a wife is entitled to receive alimony whenever her husband stops fulfilling her essential needs. This entitlement is considered a financial obligation on the husband's part, and it does not require the involvement of the judicial system or the consent of both parties. It can be settled through payment or legal discharge
IN CONCLUSION
Alimony and child support play pivotal roles in upholding the financial stability of former spouses and children post-divorce in the UAE. An understanding of the legal framework and associated responsibilities empowers individuals to navigate the process, ensuring the protection of their rights and obligations.
ALKETBI TOUCH:
Seeking expert assistance from a seasoned alimony lawyer in Dubai is essential. Our team frequently extends its legal expertise and advice on all matters related to family law, marriage, divorce, trust, wills and alimony and child support for expatriates. Let us know your dilemma and we are sure to provide the right legal answer.
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