Alimony And Spousal Financial Claims After Divorce In The UAE

porce does not always end the financial relationship between spouses immediately. Depending on which UAE family law applies, a porced woman may be entitled to maintenance, compensation, housing support, deferred dowry or other financial payments.

However, there is no single rule that applies to every porce. The financial rights available can depend on the religion and nationality of the spouses, the law governing their marriage, where the case is filed, and the circumstances surrounding the porce.

It is important to understand these differences before making or responding to a financial claim. A lawyer can also help determine what legal framework applies and what evidence may be necessary.

Which UAE Law Applies to Alimony?

Two important federal laws should be considered.

Federal Decree-Law No. 41 of 2024 on Personal Status applies to UAE citizens where one or both parties are Muslim. It may also apply to other personal status cases, subject to the choice-of-law provisions contained in the legislation.

Federal Decree-Law No. 41 of 2022 on Civil Personal Status established a separate civil code for non-Muslim families. It applies to non-Muslim UAE nationals and non-Muslim foreign residents, subject to a right in limited circumstances to apply another permitted law.

Non-Muslim civil family cases in Abu Dhabi may also fall under Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects, which has its own rules for post-porce financial claims.

Maintenance Under the UAE Personal Status Law

Generally, maintenance, as defined in Federal Decree-Law No. 41 of 2024, includes essential needs such as food, clothing, housing, medical treatment and education. In determining the amount, the court shall take into account the financial position of the person who is to provide the support, the circumstances of the person entitled to the support and the economic conditions at the time and place in question.

As a general rule, a husband is obliged to maintain his wife during marriage even if she has her own means of support, provided the legal conditions of maintenance are met. A wife can claim unpaid maintenance for a period not exceeding two years prior to the date of filing the case. The court may also order temporary maintenance until the result of the proceedings.

What Happens to Maintenance After porce?

The position changes after porce.

Article 101 of the 2024 Personal Status Law deals with maintenance during the waiting period, or iddah. A woman going through a revocable porce is entitled to maintenance during this period. A pregnant woman following an irrevocable porce is also entitled to maintenance until delivery. Different rules apply where the porce is irrevocable, and the woman is not pregnant.

The woman may also remain entitled to suitable housing during the applicable waiting period.

Compensation Following porce

Maintenance during the waiting period is not necessarily the only financial claim available.

Under Article 102 of the Personal Status Law, a wife may be entitled to additional compensation where the husband porces her by his sole decision without a request or fault from her, or where the separation is caused by his actions.

This compensation is separate from maintenance during the waiting period and may be awarded up to the equivalent of one year’s maintenance. The court considers the husband’s financial position and the harm suffered by the wife, and may allow the amount to be paid in instalments.

For families facing substantial assets, businesses or complicated financial arrangements, obtaining guidance from experienced family law professionals such as Mrs. Awatif Al Khouri can be particularly important when identifying the different financial claims arising from porce.

What About the Deferred Dowry?

The marriage contract should also be reviewed carefully.

Under Articles 45 and 46 of the Personal Status Law, the dowry belongs exclusively to the wife. The spouses may agree to postpone payment of all or part of it. However, the law provides that any unpaid dowry becomes due upon irrevocable separation or the death of either spouse.

This implies that the wife may claim any unpaid deferred dowry after an irrevocable porce. This is a distinct financial right from maintenance during the waiting period or any compensation that may be awarded after the porce.

Alimony for Non-Muslim porces

The position is different under Federal Decree-Law No. 41 of 2022.

Under Federal Decree-Law No. 41 of 2022 on Civil Personal Status, a porced woman may apply for alimony after the porce judgment.

Article 9 states that if the spouses have not yet reached an agreement on financial arrangements, the court may take into account the length of the marriage, the age of the wife, the financial position of the husband and wife, the circumstances of the porce, any financial or moral prejudice suffered and the responsibilities in relation to the children.

The spouses’ financial position may also be assessed by a court-appointed accounting expert. Alimony may be reviewed if circumstances change and generally ends if the former wife remarries or her custody of the children ends.

The Executive Regulation also allows applications for temporary housing support and temporary alimony while wider financial claims are being decided.

Is There a Fixed Alimony Amount?

There is no single UAE-wide percentage of salary that automatically becomes payable after every porce.

The amount depends on the applicable law, the parties’ financial circumstances, the duration and circumstances of the marriage and the evidence placed before the court.

Abu Dhabi’s civil family regime contains additional local rules for financial orders following civil porce. The Abu Dhabi Civil Family Court also permits a porced spouse to submit a post-porce application for a financial order if the parties cannot reach an amicable settlement.

When Should You Speak to an Alimony Lawyer?

Professional assistance can be useful where there are disagreements about income, hidden or complex assets, business interests, unpaid maintenance, housing, dowry, compensation or the law that should govern the porce.

An alimony lawyer can review the marriage contract, financial records and porce circumstances and help determine which claims are legally available rather than assuming that every porce produces the same financial entitlement.

Conclusion

Alimony and financial claims following porce in the UAE depend heavily on the law governing the marriage. Maintenance during marriage and the waiting period, porce compensation, deferred dowry and civil post-porce alimony are separate rights and should not be treated as one single claim.

Each family’s financial circumstances are different. Careful review of the applicable legislation, marriage documents and financial evidence is therefore essential. Guidance from experienced family law professionals such as Mrs. Awatif Al Khouri can help spouses understand their rights and obligations and approach post-porce financial issues with greater clarity.