Key Facts About Alimony After Divorce

Alimony refers to maintenance or the financial support that is to be provided by one spouse to the other, as per the order of the court, during or following a divorce. In the UAE, laws related to alimony are covered by the UAE family law.

The UAE family law comprises Federal Decree Law No. 41 of 2024 governing Muslims in the UAE ("Federal Personal Status Law"), Federal Decree Law No. 41 of 2022 governing non-Muslims in the UAE except in the emirate of Abu Dhabi ("Federal Civil Personal Status Law") and Abu Dhabi Law No. 14 of 2021, governing non-Muslims within the emirate of Abu Dhabi ("Abu Dhabi Civil Personal Status Law").

Under the Federal Personal Status Law, alimony may be ordered for the duration of the marriage. However, at the end of the marital contract, the obligation of the husband to bear the financial responsibility of the wife ceases to exist. Nevertheless, a wife may seek the reimbursement of expenses borne by her during the marriage. The law also states that the husband must provide financial support to the wife at the time of the waiting period, and must also compensate the wife at the time of divorce, if the decision for divorce was solely taken by the husband, without the consent of the wife, despite the wife doing no wrong.

Under the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law, alimony may be sought by the wife after a divorce. The court may grant alimony after taking into consideration the following factors:

1. 1.The number of years of marriage, so that the higher number of years of marriage may give rise to larger amounts of alimony;
2. 2.The age of the wife, so that the value of alimony decreases if the wife’s age is less, and vice versa;
3. 3.The financial situation of each spouse in accordance with a report prepared by an accounting expert who is delegated by the court to assess the economic position of each of the married couple;
4. 4.The extent of the husband's contribution to the divorce through negligence or error, or his commission of any act leading to the divorce;
5. 5.Compensation of either of the married couple to the other for any physical or moral harm caused thereto as a result of the divorce;
6. 6 Financial damage incurred by either of the married couple as a result of the application to grant divorce by unilateral will;
7. Whether or not the wife is interested in taking care of the children;

In all cases, the wife's alimony shall lapse in the event that she gets married to another man, and in the event that her custody of the children ends for any reason, and that a new application may be submitted to amend the alimony after each year or in accordance with the changing circumstances.

Conclusion

Due the presence of multiple legislations governing family laws in the UAE, it is important to hire a competent alimony lawyer to navigate the laws and provisions. An Alimony lawyer will help you identify the relevant laws and will also guide you through the legal procedures surrounding the UAE courts.

Dr. Hassan Mohsen Elhais is a renowned legal consultant based in Dubai, United Arab Emirates. He is a legal consultant at Awatif Mohammad Shoqi Advocates & Legal Consultancy, a leading law firm in the Uae.