In comparison to cases of child custody wherein judges are to decide regarding the parent that the child or children will live with, the decision on alimony amount can appear to be pretty simple and straightforward. Every case is different; however, the courts typically look at the following factors in setting the amount for alimony:
- How much money every person reasonably earns every single month;
- Which reasonable expenses are to be covered by the alimony; and
- Whether the alimony award from a party to another will make it possible to all parties to move forward with a brand new lifestyle that’s close to the one that the family had prior to the divorce (this is often referred to as standard of living that was established during the union or marriage)
As what usually happens, if there is not enough money in making it possible for parties to establish a lifestyle that is close to the standard of living marital-wise, most judges would look for ways in making the parties to a divorce capable of sharing financial responsibility equally.
Alimony in the United Arab Emirates
There are obligations as well as rights for both parties to a marriage contract which arise from divorce and they are often matters of dispute between spouses. The due alimony will depend on the types of situation for the wife and children following divorce. All laws applicable belong to the Personal Status Law of the United Arab Emirates, Federal Law of 2005 No. 28, as well as the explanatory memorandum.
The due alimony (alimony of Mut’aa) for the divorced wife
The wife is going to be entitled to alimony when the divorce of a valid marriage was by the will of the husband and without the wife’s request. This is stated in Article 140 from the Personal Status Law of 2005 No. 28.
In the case wherein the husband decides to divorce the wife from a consummated marriage that is valid in the eyes of the law by his unilateral will and without any request from the wife, the wife is entitle to compensation other than alimony paid starting the waiting period. This will depend on the husband’s financial status, provided it doesn’t exceed a year alimony payable to any couple that is in the same condition. A judge can order compensation by installments; however, it will depend on the insolvency or solvency degree of the husband. When it comes to the assessment of the amount, the prejudice that is sustained by the party that did not want the divorce will be taken into full consideration.
Waiting period alimony
According to UAE Law of 2005 No. 28 Article 69, sheltering and alimony during idda or the waiting period are due to divorcee that’s in any reversible divorce. It may be also in non-retractable divorces if divorced women are pregnant. If the wives are not, then only sheltering will be due. The alimony will include dwelling, clothing, food, as well as medical or health care. A widowed wife will not be entitled to any alimony. Take note: the widowed wife will be entitled in living in a conjugal domicile within the said period, which is ten days and four months as stated in local legislation.
In Article 70, it says “no alimony will be due to widows during waiting period from the husbands’’ death; however, widows are entitled in living in conjugal domicile within the period.”
As for the alimony amount, that will be subject to a judge’s discretion. In accordance with the same legislation, Article 63, in assessing the alimony amount, it shall be put into consideration possibilities of the party giving alimony, the economic situation, and the circumstances of the party receiving alimony, provided it doesn’t fall below sufficiency level.
Alimony for the kids
The UAE Personal Status legislation specified those that are entitled to alimony, which are as follows:
- In the same law, Article 78 states that alimony for young child without any financial resource is to be given by the father until girl’s marriage or boy’s coming of age at which fellow mates are able to earn a living, unless the boy is a student pursuing studies and with normal success;
- The elder child will receive alimony if he or she is unable to earn a living from a disability or any other cause and the alimony will be given by the father if the elder child has no funds that can be used for covering expenses;
- Should a child not have any sufficient funds in meeting maintenance expenses, father will be under obligation in completing the required amount that is within aforementioned conditions
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