Alimony Under Family Law for Non-Muslim Divorces in UAE
Alimony for women, under the new UAE Family Law in case of divorce by a non-Muslim, is calculated with various variables that are unique in every marriage.
The following basis is considered for such calculation:
• Duration of Marriage: This is the first and foremost factor when deciding on the quantum of alimony.
• Wife’s Age: The age at which a wife is divorced also forms a basis for this calculation.
• Financial Position: The financial position of both spouses is taken into account so that fair support may be granted depending on the financial standing and resources each spouse possesses.
• Father’s Contribution for Child Custody: The contributing father’s financial position is considered in regard to the joint children they may have. Thus, he considers whether the father contributes to childcare and how.
• Wife’s Involvement in the Children’s Lives: How much the wife is involved in the children’s lives and her contribution to taking care of and being with the children is weighed.
• Reason for Divorce: It can also be based upon the cause or grounds for divorce.
A major judgment in the UAE Family Law is that a wife will forfeit her claim of alimony if she re-marries. It was one of UAE Decree Law No. 41 of 2022, effective from 1st February 2023, and hence is setting the bar for all non-Muslim divorces in the UAE.
Also, the Family Law is foreseen to be complemented by Executive Regulations in due course to further clarify its application in certain aspects.
Alimony Under Family Law for Non-Muslim Divorces in UAE - FAQ
Yes. In the cases of UAE divorces, women can get alimony under the new Family Law. However it is calculated based on a number of factors.
The new Family Law for divorces in UAE calculates alimony for women based on a number of factors. Among other things, they include:
- Years of marriage
- Wife’s age
- Financial position of the spouses
- Father’s financial support towards joint children’s custody
- The extent of a wife’s involvement in their children’s lives.
- As well as, the reason for divorce.
No. In fact under the Family Law for UAE divorces, the wife’s right to alimony ends if she remarries.
Both parents, by default, have equal and joint right to custody of their children. Importantly, this right is also granted to children, so that they are not deprived of one parent or another.
