Table of Contents (Part 1)

  1. Introduction: Why Alimony and Maintenance Matter in UAE Family Law

  2. The Legal Framework of Alimony and Maintenance in UAE

    • Overview of Federal Personal Status Law

    • Recent Updates Under Federal Decree-Law No. 41 of 2022 (Civil Personal Status for Non-Muslims)

    • Sharia Principles and Civil Provisions Compared

  3. Who is Entitled to Alimony and Maintenance?

    • Wives’ rights under Sharia and civil law

    • Children’s rights: custody-linked support

    • Parents and extended family support obligations

  4. Step-by-Step Process for Claiming Alimony in UAE Courts

    • Filing a case with the Family Guidance Committee

    • Court proceedings and required documentation

    • Temporary alimony during trial

    • Final judgments and ratification

  5. Factors Determining the Amount of Alimony and Maintenance

    • Husband’s income and financial capacity

    • Standard of living during marriage

    • Custody and children’s expenses

    • Fault-based vs. no-fault divorce implications

  6. Case Studies and Practical Examples

    • Emirati families vs. expatriate families

    • Example of cross-border disputes

    • Illustrative scenarios of temporary vs. permanent alimony

  7. Why Legal Guidance is Essential

  1. Enforcement of Alimony and Maintenance Orders in UAE

    • Role of Execution Court

    • Garnishment of salary and assets

    • Travel bans and imprisonment for non-payment

  2. Common Challenges in Alimony Cases for Expats

    • Jurisdictional conflicts

    • Recognition of foreign judgments

    • Currency and international transfers

  3. Recent Reforms and Evolving Trends in UAE Family Law

  • Civil Personal Status Law for non-Muslims (2022 updates)

  • Dubai and Abu Dhabi specialized family courts

  • Digitization of court procedures

  1. International Perspectives on Alimony in UAE

  • Comparison with UK, US, and Indian systems

  • Cross-border enforcement treaties and conventions

  1. Frequently Asked Questions (FAQs)

  • Who pays alimony in UAE?

  • Can alimony be modified after judgment?

  • How long does child maintenance last?

  • What if the husband lives abroad?

  • Does remarriage affect alimony?

  1. Best Practices and Expert Recommendations

  • Negotiation and mediation strategies

  • Importance of financial disclosure

  • Legal documentation tips

  1. Conclusion

1. Introduction: Why Alimony and Maintenance Matter in UAE Family Law

Divorce and separation are not only emotional but also deeply practical — involving questions of financial responsibility, stability, and fairness. In the UAE, alimony (nafaqa) and maintenance form the cornerstone of family law, ensuring that dependent spouses and children are not left without financial support after the dissolution of marriage.

For expatriates, understanding UAE laws on alimony is particularly important, as these rules can differ significantly from home-country practices. The UAE legal system draws on both Islamic Sharia principles and modern civil law frameworks, creating a unique approach that balances tradition with the needs of its multicultural society.

This article provides a comprehensive guide to alimony and maintenance under UAE law, covering entitlements, procedures, factors influencing judgments, case examples, and practical insights.

2. The Legal Framework of Alimony and Maintenance in UAE

2.1 Federal Personal Status Law (for Muslims and most expatriates)

The main legislation governing alimony is Federal Law No. 28 of 2005 on Personal Status, which outlines obligations of husbands toward wives and children. Under this law:

  • A husband is required to provide financial support for his wife, even if she is wealthy.

  • Support includes housing, food, clothing, medical care, and other essentials.

  • Children are entitled to maintenance until they can support themselves (sons until adulthood or higher education completion, daughters until marriage).

2.2 Federal Decree-Law No. 41 of 2022 (for non-Muslims)

In 2022, the UAE introduced a new Civil Personal Status Law applicable to non-Muslims. Key provisions include:

  • Gender-neutral maintenance obligations (both spouses may be liable).

  • Determination of alimony based on income, duration of marriage, and contribution of each spouse.

  • Streamlined procedures for expatriates, especially in Dubai and Abu Dhabi, to align with international practices.

2.3 Sharia vs. Civil Law: Comparative Perspective

  • Sharia-based law: Focuses on the husband’s duty, reflecting traditional Islamic values.

  • Civil law framework: Focuses on fairness and equality, resembling Western family law systems.

This dual system ensures the UAE accommodates its diverse population of citizens and expatriates.

3. Who is Entitled to Alimony and Maintenance?

3.1 Wives’ Rights

  • A wife is entitled to alimony from her husband as long as the marriage is valid and she fulfills her marital duties.

  • If a wife is working, this does not eliminate her entitlement.

  • In cases of divorce, she may be entitled to post-divorce maintenance, which can include housing, living costs, and compensation for arbitrary divorce.

3.2 Children’s Rights

  • Custodial parents (usually mothers) receive maintenance from the non-custodial parent (usually fathers).

  • Expenses covered include school fees, medical care, housing, food, and extracurricular costs.

  • Courts assess children’s “best interests” when determining amounts.

3.3 Parents and Extended Family

In limited cases, parents may claim support from children if they are unable to provide for themselves.

4. Step-by-Step Process for Claiming Alimony in UAE Courts

4.1 Filing with the Family Guidance Committee

All family disputes in the UAE must first go through mandatory mediation at the Family Guidance Committee. If mediation fails, the case proceeds to court.

4.2 Filing the Court Case

Documents typically required include:

  • Marriage certificate

  • Divorce certificate (if applicable)

  • Salary certificates, bank statements, and financial documents

  • Children’s birth certificates

4.3 Temporary Alimony During Trial

Courts may order temporary alimony (nafaqa musta’jila) to ensure immediate financial support during ongoing litigation.

4.4 Final Judgment and Ratification

Once the court issues a final judgment, it becomes legally binding and enforceable through the Execution Court.

5. Factors Determining the Amount of Alimony and Maintenance

5.1 Husband’s Income and Financial Capacity

Courts examine salary slips, business income, real estate, and overall financial standing.

5.2 Standard of Living During Marriage

If a couple enjoyed a high standard of living, courts may order higher maintenance to ensure continuity for dependents.

5.3 Custody and Children’s Expenses

Custody arrangements significantly impact alimony, as custodial parents bear daily expenses.

5.4 Fault-Based vs. No-Fault Divorce

  • If the husband arbitrarily divorces his wife, courts may grant compensation (mut’ah).

  • If the wife requests divorce without valid grounds, her entitlement may be limited.

6. Case Studies and Practical Examples

Case Study 1: Emirati Family

A husband earning AED 40,000 per month was ordered to pay AED 12,000 monthly in alimony, covering rent, utilities, schooling, and living expenses.

Case Study 2: Expatriate Family

A British couple divorcing in Dubai agreed through court mediation that the father would cover international school fees and housing allowance for the mother, with an annual adjustment linked to inflation.

Case Study 3: Cross-Border Enforcement

An Indian expatriate father failed to pay court-ordered maintenance. The mother applied for enforcement through a bilateral treaty, leading to successful recovery abroad.

7. Why Legal Guidance is Essential

Alimony disputes are among the most complex and sensitive areas of UAE family law. Missteps can lead to prolonged litigation, financial hardship, or unenforceable judgments abroad.

If you are navigating divorce, custody, or financial disputes in UAE, consult a specialized family lawyer. Legal professionals can secure fair settlements, prepare accurate documentation, and represent your interests in mediation or court proceedings.

8. Enforcement of Alimony and Maintenance Orders in UAE

Winning a judgment for alimony is only the first step; enforcement ensures the financial support reaches the dependent spouse or children.

8.1 Role of the Execution Court

Once a judgment is finalized, it is transferred to the Execution Court. This body has broad authority to enforce payment, including:

  • Freezing bank accounts

  • Ordering deductions from salaries

  • Seizing assets such as cars, properties, or company shares

8.2 Garnishment of Salary and Assets

Employers in the UAE can be instructed to directly deduct amounts from a debtor’s salary. If the debtor owns businesses or real estate, these assets may be liquidated.

8.3 Travel Bans and Imprisonment

If a person fails to pay alimony, the Execution Court may:

  • Impose a travel ban to prevent absconding.

  • Issue arrest warrants, leading to short-term imprisonment until payment is made.

Example: A father who failed to pay AED 8,000 in monthly child support faced a travel ban before eventually settling dues to be allowed to travel.

9. Common Challenges in Alimony Cases for Expats

9.1 Jurisdictional Conflicts

Expats often face a dilemma: Should they file in UAE courts or their home country? UAE courts usually retain jurisdiction if the family resides in UAE, but enforcement abroad may be required.

9.2 Recognition of Foreign Judgments

If an expat spouse obtains a divorce abroad, UAE courts may require ratification before enforcing alimony. Recognition depends on bilateral treaties and the UAE Civil Procedure Law.

9.3 Currency and International Transfers

Cross-border alimony payments can be complicated by exchange rates, bank restrictions, and delays. UAE courts generally fix amounts in dirhams, but international transfers may require conversion.

Case Example: A French expat in Abu Dhabi was ordered to pay alimony in AED. His wife, who moved back to Paris, faced delays receiving funds until both parties agreed on a euro-conversion arrangement ratified by court.

10. Recent Reforms and Evolving Trends in UAE Family Law

The UAE has rapidly modernized its legal framework to align with international standards.

10.1 Civil Personal Status Law for Non-Muslims (2022)

This groundbreaking law introduced:

  • Gender-neutral responsibilities for alimony.

  • Simplified court procedures for non-Muslims.

  • Alignment with global family law practices.

10.2 Specialized Family Courts in Dubai and Abu Dhabi

Both emirates have introduced English-language court options for expats, allowing easier navigation without translators.

10.3 Digitalization of Court Procedures

Online filing, video hearings, and digital enforcement orders have made alimony cases faster and more accessible for expats.

11. International Perspectives on Alimony in UAE

11.1 Comparison with UK Law

In the UK, alimony (spousal maintenance) is determined based on needs and earning capacity. UAE’s system is stricter, with obligations often fixed by law rather than negotiated.

11.2 Comparison with US Law

US courts may grant temporary or permanent alimony based on contribution to marriage. The UAE is more conservative, with fewer cases of permanent spousal support.

11.3 Comparison with Indian Law

Under Indian law, alimony is governed by religion-specific statutes. Like the UAE, maintenance for children is mandatory, but spousal alimony varies.

11.4 Cross-Border Enforcement

The UAE is a signatory to certain international conventions (such as the Riyadh Arab Convention), allowing for recognition of foreign judgments, though enforcement may require legal assistance.

12. Frequently Asked Questions (FAQs)

Q1: Who pays alimony in UAE?
Generally, the husband pays alimony to the wife and children. Under the new civil law for non-Muslims, responsibilities may be shared.

Q2: Can alimony be modified after judgment?
Yes. If financial circumstances change significantly, either party can apply for variation.

Q3: How long does child maintenance last?
Sons: until adulthood or completion of education. Daughters: until marriage.

Q4: What if the husband lives abroad?
Enforcement may require international cooperation. UAE courts can request assistance from foreign courts through treaties.

Q5: Does remarriage affect alimony?
Yes. A wife’s right to spousal alimony ends upon remarriage. Child maintenance, however, continues regardless.

13. Best Practices and Expert Recommendations

  • Seek Mediation First: Family Guidance Committees often resolve disputes faster and more amicably than courts.

  • Ensure Full Financial Disclosure: Hidden assets can lead to disputes and enforcement challenges.

  • Hire a Specialist Lawyer: UAE family law is complex, and expat cases often involve dual jurisdictions.

  • Document All Expenses: Receipts for rent, school fees, and medical bills strengthen claims.

  • Plan for International Enforcement: If either party resides abroad, consult a lawyer on treaties and recognition of judgments.

14. Conclusion 

Alimony and maintenance in UAE family law represent not just financial obligations but social responsibilities to ensure fairness and stability post-divorce. With a dual legal system catering to both Muslims and non-Muslims, the UAE has positioned itself as a progressive, family-friendly jurisdiction for its diverse population.

If you are facing divorce, custody, or alimony disputes in the UAE, don’t navigate the process alone. Speak with a specialized UAE family lawyer who can protect your rights, ensure fair settlements, and provide clarity on cross-border implications.

Take the first step today — consult a UAE family law expert to secure your future and your family’s well-being.