Divorce raises questions about the rights and responsibilities of each party under the marriage contract, which can lead to tension and litigation. We shall discuss the alimony and child support according to UAE law following a divorce.
Spousal support payments owed to a former wife
The wife is entitled to alimony in the form of Mut’aa (consolatory gift) if her husband unilaterally divorces her without her consent. In addition to the alimony paid during the waiting time, the Personal Status Law No. 28 of 2005 provides that the wife is entitled to compensation, as stated in Article 140. The amount of compensation will vary based on the husband’s income, but it shouldn’t be more than the average alimony award for a similar situation, which is one year. Depending on the husband’s ability to pay, the court may decide to grant compensation in stages. The compensation sum is calculated taking into account the wife’s losses and damages.
During the reversible divorce waiting time (known as “idda”), the divorcee is entitled to alimony and protection under Article 69 of Law 28 of 2005. If a woman is pregnant during a divorce that cannot be undone, she is entitled to alimony and housing assistance. She is only entitled to shelter if she is not pregnant. During this time, alimony will cover basic needs such as food, clothes, shelter, and medical care. According to Article 70 of the law, a bereaved wife is not entitled to alimony but is allowed to remain in the marital residence for four months and ten days. As long as it’s sufficient, the court can set the alimony amount however they see fit after taking into account the debtor’s ability to pay, the beneficiary’s status, and the current economic climate.
Paying Child Support
Alimony from a father is legally required by the Personal Status Law No. 28 of 2005. This is what the law mandates:
Alimony for a minor child without means shall be paid by the father in accordance with Article 78 until the child marries or attains an age where his or her peers are able to support themselves financially. The responsibility remains, though, if the child is a typical student. If an adult kid is disabled or otherwise unable to support themselves financially, the father has the obligation to provide alimony. When a father has a daughter, who is divorced or widowed and has neither financial independence nor another adult to take responsibility for her, he must pay alimony. If the child does not have enough money to cover the necessary maintenance costs under the given circumstances, the father is responsible for making up the difference.
If the mother is unable to breastfeed, the father must pay for the child’s suckling expenses in accordance with Article 79. This is included in the alimony calculation. Even though the mother is the primary caregiver, the father is still responsible for all of the child’s financial needs, such as food, clothes (for all seasons and occasions), shelter, medical care, educational costs, and custody pay. The amount of alimony is up to the judge’s discretion.
The legislation mandates that alimony payments be made in accordance with Article 36/2, Article 64/1, and Article 63/2/3, taking into account the debtor’s ability to pay, the beneficiary’s needs, and the state of the economy at the time.
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