How can a person come from alimony funds to an unemployed girl? – Household and Marriage

United Arab Emirates:

How can a man come from alimony payments to an unemployed woman?

January 20, 2022

Hassan Elhais

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A divorce process can often be a very troubling time for people; However, it is important to understand that financial rights related to ‘maintenance’ and ‘child support’ are very crucial factors that have far-reaching implications. Legally, alimony is a person’s legal obligation to support their spouse financially in the event of a divorce under applicable family law.

Although there is no “single rule” regarding the calculation of child support, it can only be determined after analyzing the following factors, such as:

• The religion of the parties: Whether the parties concerned are Muslims or non-Muslims
• Applicable Law: What would be the applicable law governing the marital relationship and the obligations of each party? This usually depends on the place of marriage of the parties and is also subject to further regulations.
• Consensual Divorce or Contested Divorce: In addition to the above rules, there are additional factors such as whether the parties are able to agree on mutually acceptable alimony terms, or if consensus is not possible, the applicable alimony falls under the rules under the respective rules subject to emirate.
• Pre-Marital or Post-Marital Agreements: It is not uncommon for the parties to enter into a post-marital or post-marital agreement that can predetermine the terms of the property allocation, including custody and maintenance rights in the event of a future divorce.

Some of the general guidelines that a UAE court might consider when determining applicable alimony include, but are not limited to:

• The total maintenance to be paid may not exceed 60 percent of the net income after taking into account the debts to be paid and any other liabilities. The court will thus take account of the debts due and apportion the alimony accordingly at its discretion.
• The maintenance entitlement can be reduced as part of the housing benefit if the caregiver (mother) owns a house or has been assigned an apartment.
• Likewise, if the guardian (mother) remarries and now lives with her husband, the maintenance due in the form of rent and ancillary costs can be deducted from the total maintenance.
• Subject to the discretion of the courts, there is further scope for alimony fee reductions in relation to the attribution of applicable maid or nanny fees after disregarding whether or not the guardian (mother) is working.

It should also be borne in mind that the parties can request a revision of the maintenance payments allocated every six months. This is permissible due to the fact that a possible change in circumstances can occur, whether it is the loss of a job or a reduction in salary or other factors that are part of life and therefore must be taken into account. If justified, a reduction claim can be recognized by a court. As discussed above, the concept of alimony may differ under the personal laws of ex-pat residents and therefore having a thorough understanding of the possible conflict of laws and choice of law is crucial.

The content of this article is intended to provide a general guide to the topic. In relation to your specific circumstances, you should seek advice from a specialist.

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