Marriage is not just about the emotional and personal bond between two individuals; it also carries significant legal obligations. One such aspect is “maintenance” or “alimony,” which ensures the dependent spouse receives financial support when needed. Maintenance laws in marriage are designed to protect the spouse’s welfare, and understanding these rules can help both parties understand their responsibilities and rights effectively.
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This blog will tell you what these legal stipulations mean for married couples.
What Is Maintenance?
In the context of maintenance laws in marriage refers to the financial support that one spouse must provide to the other. This includes essentials like food, clothing, housing, and healthcare. Additionally, maintenance might cover other necessities. Like providing a servant if the wife was accustomed to such help in her family home. The amount and nature of maintenance are not arbitrary. They’re determined by various factors, including the financial capacity of the spouse providing support and the living conditions of the dependent spouse (Article 63 of Federal Law No. (28) of 2005 Regarding Personal Status ). This ensures that the dependent spouse’s needs are met without causing undue hardship to the one providing the support.
Adjustments to Maintenance
Life is unpredictable, and financial circumstances can change. Recognizing this, the law allows for adjustments in the amount of maintenance. Article 64 stipulates that maintenance can be increased or decreased based on significant changes in circumstances. However, any legal action to adjust maintenance can only be taken after a year since the last adjustment, except in exceptional cases.
Priority of Maintenance Over Debts
Maintenance takes precedence over other financial obligations. According to law, ongoing maintenance is prioritized above all debts. This is crucial because it ensures the dependent spouse’s basic needs are met before other financial liabilities are addressed.
Alimony Rights of the Wife
A wife is entitled to alimony from her husband as long as the marriage contract is valid and she is fulfilling her marital duties (Article 66). Interestingly, even if the husband stops supporting without a judicial ruling. The wife’s right to alimony becomes a debt the husband owes her. This debt exists without needing a court’s intervention, although the wife has to claim it within three years.
In urgent cases, a wife can request provisional alimony, which the judge may grant immediately. This ensures that the wife is provided with support while waiting for a more permanent solution to be decided.
Alimony During Divorce Proceedings
Divorce, whether revocable or irrevocable, doesn’t automatically end a wife’s right to alimony. For instance, if a wife observes a “revocable divorce” or is pregnant during an “irrevocable divorce,” she is still entitled to alimony and housing. However, in the case of a non-pregnant wife observing an irrevocable divorce, she is only entitled to housing, not alimony.
Situations Where Alimony is Forfeited
There are specific conditions under which a wife may lose her right to alimony. If she refuses to fulfill her marital obligations without a valid legal excuse, her right to maintenance may be forfeited. Additionally, if she leaves the marital home without a legitimate reason or prevents her husband from entering the house, she may also lose her alimony rights.
The father is generally responsible for maintaining his children, regardless of their age or gender, until they can financially support themselves. Girls are maintained until they marry, while boys are supported until they reach an age where they are expected to be self-sufficient unless they are students or have a disability that prevents them from earning a living.
Conclusion
In short, maintenance laws in marriage ensure that both parties meet their obligations and that the dependent spouse is supported adequately. If you’re unsure about the legality surrounding family laws. Consulting with a legal expert or a Dubai Lawyer can provide the clarity you need to keep your rights intact. Reach out to top law firms in Dubai that can help you out.