Alimony, also known as spousal maintenance, is the legal obligation of a person to provide financial support to their former spouse after a divorce or separation. In the UAE, alimony laws vary depending on the personal status and religion of the parties involved. In this article, we will focus on the general principles and factors that are considered when calculating alimony After Divorce in Abu Dhabi, under the new Family Law.
What is the new Family Law for calculating Alimony in Abu Dhabi?
The new family law for determining alimony after divorce in Abu Dhabi is Abu Dhabi Law No. 14/2021 on Civil Marriage and Its Effects in the Emirate of Abu Dhabi. This law aims to modernize and simplify the legal procedures and regulations for family matters, such as marriage, divorce, custody, alimony, inheritance, and wills. The New family law applies to all foreigners and non-Muslim citizens, irrespective of gender.
What are the factors for determining Alimony in Abu Dhabi?
If the marriage contract does not specify the conditions or controls of alimony or any other financial claims, the spouse who seeks alimony can apply to the court after the divorce judgment has been rendered. The application must be submitted on the form prepared for this purpose (“Post-divorce Claims Form”). The court will then decide whether to grant alimony, and if so, how much and for how long, based on the following factors:
- Number of years of marriage: The value of alimony will increase as the number of years of marriage increases, as this reflects the degree of financial interdependence and contribution of the spouses.
- Age of the spouse: The value of alimony will decrease as the age of the spouse decreases, and vice versa, as this reflects the ability and opportunity of the spouse to find employment and generate income.
- Economic position of each spouse: The court will rely on an accounting report drawn up by an expert accredited by the Department and delegated by the court to assess the income, assets, liabilities, and expenses of each spouse.
- Extent of the spouse’s participation in the divorce: The court will consider whether the spouse caused or contributed to the divorce by way of negligence, error, or perpetration of an act that led to the divorce, such as infidelity or abandonment. The court may reduce or deny alimony to the spouse who is at fault, or increase alimony to the spouse who is innocent.
- Compensation for material or moral damage: The court may award alimony to the spouse who has suffered any material or moral damage as a result of the divorce, such as loss of reputation, emotional distress, or physical injury.
- Financial damages due to unilateral divorce: The court may award alimony to the spouse who has suffered any financial damages as a result of the unilateral divorce, such as loss of income, career opportunities, or inheritance rights.
- Coverage of custody expenses: The court may require the father (ex-husband) to cover the expenses and costs related to the custody of the children by the mother during joint custody, for a temporary period not exceeding two years, according to the findings of the accounting expert report. This is to ensure that the mother can provide adequate care and support for the children without compromising her own financial situation.
- Level of interest in taking care of the children: The court may consider the level of interest of the spouse in taking care of the children or not, as this reflects the degree of responsibility and commitment of the spouse to the family. The court may increase alimony to the spouse who shows more interest in taking care of the children, or reduce alimony to the spouse who shows less interest.
The court may modify the amount or duration of alimony at any time, upon the request of either spouse, or according to the evolution of the personal economic conditions. However, the alimony will be forfeited in the event of the remarriage of the spouse who receives it.
How to calculate the Alimony After Divorce:
- Factors to Consider for Evaluating and Computing the Financial Value Owed after Divorce
- Monthly income percentage: a cash percentage of at least (25%) of the husband’s most recent monthly income (based on the salary certificate or the last account statement, whichever is higher) multiplied by the number of years of marriage.
- Property and wealth percentage: a percentage (in cash or kind) of the higher of the market value or purchase value of the husband’s property and wealth, including real estate and financial investments such as shares and bonds, or stake in limited liability companies or private joint stock and movable assets owned or registered under the husband’s name such as valuables and vehicles of all types.
- The shared money between the spouses and their contribution to it.
- The Court’s Authority to Decide the Amount
The court can decide this amount based on the situation of the divorce. It can also raise or lower this amount and decide the way of calculating it, paying it, and paying it in instalments according to the accounting expert report on the evaluation of the financial condition of the spouses in a manner that ensures a dignified living for the divorced woman and children without imposing financial burdens beyond the father’s financial ability.
How to Apply for and Appeal Temporary Alimony
- Applying for Temporary Alimony
- The divorced woman can request the court to grant her temporary alimony until the court determines her financial entitlements resulting from the divorce.
- The court will consider the request based on the documents that the wife provides to show the spouses’ monthly income according to the account statement for the previous (6) months. The court can deny the request for temporary alimony if the divorced woman has a job or a stable source of income that covers her basic needs, and the request will be ruled by a provisional order.
- Appealing the Temporary Alimony Ruling
A divorced man or divorced woman can challenge the ruling on temporary alimony in line with the normal procedures for appealing provisional orders.
How HHS Lawyers Can Help You with Alimony After Divorce?
If you are going through a divorce and need legal advice on alimony and financial rights, you may want to consult a family lawyer at HHS Lawyers in Dubai. They have the expertise and experience to help you understand your rights and obligations, negotiate a fair settlement, and represent you in court if necessary. They can also assist you with other family law matters, such as child custody, visitation, adoption, and domestic violence. Contact HHS Lawyers today and get the best legal support for your divorce case.
