When a marriage breaks down, money is often the most pressing worry — who pays for the home, the children, day-to-day living. In the UAE, financial support after separation is known as maintenance (or nafaqa), and the law provides for both spousal and child maintenance. This guide explains how it works, and how the rules differ between the Sharia-based and the new civil systems.
This is general legal information, not advice on your specific case. For a confidential assessment, speak to our divorce lawyers in Dubai.
What maintenance covers
Maintenance is intended to cover the reasonable costs of living — typically housing, food, clothing, medical care and, for children, education and childcare. UAE law distinguishes spousal maintenance (support for a spouse) from child maintenance (support for the children).
Spousal maintenance
Under the Sharia-based Personal Status Law (Federal Law No. 28 of 2005), a husband is generally responsible for maintaining his wife during the marriage, and a divorced wife may be entitled to maintenance during the iddah (waiting) period, with other financial claims possible depending on the circumstances.
Under the civil law for non-Muslims (Federal Decree-Law No. 41 of 2022), a court can award post-divorce maintenance to a spouse on a no-fault basis, weighing factors such as the length of the marriage, each spouse’s financial position, and the effect of the divorce.
Child maintenance
As a general rule, the father is financially responsible for the children, regardless of which parent has day-to-day custody. Child maintenance typically covers housing, education, healthcare and living costs, and continues until a child becomes financially independent (subject to the rules of the applicable system). For how custody itself is decided, see our child custody lawyers in Dubai.
How the amount is decided
There is no fixed formula. Courts look at the paying spouse’s income and the family’s standard of living, and set an amount that is reasonable in the circumstances. The figure can later be increased or reduced if circumstances change materially — for example, a significant change in income or the children’s needs.
Enforcement
A maintenance order is enforceable. If payments are not made, the order can be enforced through the Execution Court, which has tools to compel payment. Keeping clear records of income and expenses strengthens a maintenance claim or defence.
Frequently asked questions
Is a wife always entitled to alimony in the UAE?
Not automatically. Entitlement and amount depend on the applicable system and the circumstances — including conduct, means and, under the civil law, factors the court weighs on a no-fault basis.
How long does spousal maintenance last?
It varies. Under the Sharia-based system a divorced wife’s maintenance is often linked to the iddah period; under the civil law the court sets the terms. Child maintenance continues far longer, until the child is independent.
Who pays for the children after divorce?
As a general rule the father remains financially responsible for the children’s maintenance, even if the mother has custody.
Can a maintenance amount be changed later?
Yes. Either party can ask the court to vary the amount if there is a material change in circumstances.
Maintenance disputes are sensitive and fact-specific, and the right advice protects both your finances and your children’s security. Speak to our family and divorce lawyers in Dubai for a confidential consultation.
Reviewed by Ms. Amal Khamis, Advocate & Legal Consultant. This article is general information about UAE law and not a substitute for tailored legal advice.
Related reading: Family Law in the UAE.