The Personal Status Law regulates maintenance as a component of Family Law. The Personal Status Law governs marriage, divorce, succession, child custody, support, and guardianship in the UAE (in particular, Articles 142, 143, 144, 149 and 150). It is founded on Sharia Law, which combines Imam Malik School Sharia principles with Quranic interpretation and Prophetic traditions. In the United Arab Emirates, spousal maintenance is governed by Federal Law No. (28) of 2005 On Personal Status, and the wife has the right to ask a judge to order her husband to pay her the unpaid support. Article 63 of the Personal Status Law states that the husband is in charge of his wife and kids.

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Responsible for paying Alimony:

Now, despite the fact that a woman may be employed, a man cannot refuse to pay the woman’s maintenance on the grounds that she is employed. The spouse is ultimately responsible for paying maintenance and child support, even though the amount of money a woman makes may be a deciding factor in how much maintenance should be given.

Formal Separation:

One sort of judicial separation that might happen when the husband refuses to pay alimony to his wife is a judicial separation for abstention from support. According to Article (124), the woman may seek a formal separation if the husband refuses to provide for her and doesn’t seem to have the resources to make the necessary alimony payments. The judge may order an early divorce if the spouse asserts he is insolvent but provides no supporting documentation.

Even if there is proof of the husband’s insolvency, the judge may grant him a month’s respite if he refuses to say whether he is solvent or insolvent and continues to fail to provide for his wife.

Article 63 of the Personal Status Law:

According to Article 63 of the Personal Status Law, a husband is responsible for his wife and children in the following ways:

  1. Alimony pays for the woman’s maintenance costs, including her food, clothing, shelter, medical treatment, and any other necessities.
  2. In establishing the amount of alimony, consideration will be given to the wife’s circumstances, financial situation, location, and time, provided that her financial situation does not fall below the “sufficiency level.”
  3. One eyewitness would be sufficient to determine the kind of maintenance to be delivered, as well as the kind of housing and other conditions that need be provided.

Right to get the money back:

If a woman can prove that her husband didn’t pay because of one of the following reasons, she has the right to get their money back:

  1. Article 67 specifies the terms of alimony, which are as follows: Regardless of a court ruling or an agreement, the husband is responsible for paying alimony to the wife as of the day he stopped doing so. It must be paid or discharged before it can be forfeited. A claim for alimony for a period longer than three years from the date of filing the action in court will not be heard unless it is imposed by agreement because alimony is due to the wife under a valid contract if she is estranged from her husband. If this is the case, the claimant’s wife is entitled to support under the terms of the agreement.
  2. According to Article (78), until the girl marries or the boy reaches the age at which his peers can earn a living, alimony is due from the father for the child who has no financial resources, unless the boy is a student who is completing his studies with success. The child’s expenses fall under the father’s care. The mother is responsible for the child if he is missing, has no money, or if his father is unable to provide for him. However, the mother may ask for repayment from the father if his financial condition improves and the costs are approved by him or by the judge (Article [80]).

Quick Divorce:

The law states that a quick divorce is conceivable if the spouse falsely claims he is unable to pay the alimony and is later proved guilty. The judge may grant him 30 days to resolve the matter if he can demonstrate that his situation is problematic. The status and means of support of a husband must be established in court by the woman. According to Article 67 of the legislation, alimony is always paid by the husband to the wife; there is no exception to this rule.

Alimony if not paid:

The court may also rule that it should be treated as a debt if it is not paid. It demonstrates that the spouse must pay it at any costs. A new law of fixed payments has just been established, under which a woman may request alimony in the quantities specified by federal law.

If you are having troubles with your alimony payments, you can consult family lawyers at Sara Advocates and Legal Consultants. Our lawyers will guide you through the entire case and make sure you get what is rightly yours.

Read also: Child Support from Father