Under UAE law, alimony or spousal support is one of the major legal obligations of the husband toward his wife, which has been hugely dictated by the Shariah principles and has over time been instituted into UAE law to hold for many years. The newly promulgated UAE Personal Status Law, No. 41 of 2024, effective April 15, 2025, restates and clarifies these obligations largely along the lines laid down by the old 2005 Personal Status Law.
Legal Basis for Alimony
The new Personal Status Law puts Article 49, stating that the husband is obliged to pay alimony to his wife. This law further states the meaning of alimony as provided under Article 95: “A right to who it is deserved, which includes the basic necessities and needs, such as food, clothing, housing, treatment, and education, as is customary.”
Article 99 further explains that the husband shall support his wife even if she is independent, meaning alimony is a legal obligation that emanates from the contract of marriage and is not strictly based on disparity in financial capability between the two spouses.
Revocation of Alimony
While the law provides for the wife’s right to alimony, it enumerates certain cases upon which such a right shall be lost. Article 103 details the instances when the wife loses her right to alimony as follows:
- If she abstains from her husband or self-prohibits without a lawful excuse.
- If she refuses to move into or reside in the marital home without a lawful excuse.
- If she refuses to travel with her husband without a lawful excuse.
Exceptions to the Loss of Alimony
Even though these are the usual cases wherein alimony is lost, there are also some exceptions. For example:
- The marriage contract can stipulate that the wife can live in any other place separate from her husband, which removes the compulsion of cohabitation.
- The law may also allow her to refute staying in the matrimonial house and to stay away from performing the conjugal relationship if her husband is abusive and it poses danger to the wife’s life.
Alimony and the Right to Divorce
If the husband fails to pay the alimony, the wife, who can demonstrate a lawful excuse for not living with her husband, can take action against him. According to Article 77, if he fails to pay her for 30 days, she can ask for the divorce.
Conclusion
Although the new Personal Status Law retains most of the previous provisions on alimony, it explains and enforces the legal rights of a wife more clearly. It makes certain that the husband’s financial obligation to his wife remains a priority, with clear conditions under which alimony may be revoked or upheld.
Given the multi-faceted nature of alimony, other legal aspects related to filing for alimony, deductions, and increases in alimony need further review. If you are interested in these specific areas, stay tuned for discussions on how we break down the process and legal implications of alimony adjustments here in the UAE.
