Maintenance (nafaqa) is one of the most important financial rights that UAE law guarantees to family members, as it is the safeguard that secures for the wife, the children and other entitled persons a dignified life befitting their standard of living. The Personal Status Law has regulated the provisions of maintenance in precise detail, balancing the rights of the entitled person against the obligations of the person liable, setting clear criteria for its assessment and mechanisms for claiming and enforcing it. In this article we review the types of maintenance, what it covers, and how to claim it and enforce judgments concerning it.
What is maintenance in UAE law, what are its types, and how do you claim and enforce it?
41/2024
The Personal Status Law governing maintenance provisions
15 Apr 2025
Date the law entered into force
Several types
For the wife, children, relatives, the waiting period and consolation
First: What is maintenance and what is its basis in UAE law?
Maintenance is essentially a financial obligation that falls on the person whom the law holds liable, for the benefit of the person entitled to it, providing them with what their life requires. Its provisions appear in the Personal Status Law issued by Federal Decree-Law No. 41 of 2024, which entered into force on 15 April 2025, drawing on the provisions of Islamic Sharia. This law applies to Muslims, whether citizens or residents, while non-Muslims are governed by the civil personal-status provisions set out in Federal Decree-Law No. 41 of 2022.
A core rule on the wife's maintenance
Maintenance is due to the wife from her husband under a valid marriage contract once she has made herself available to him, even if the wife is financially well-off; her entitlement does not depend on her financial situation, but on the existence of the marital bond and the fulfilment of its requirements.
Second: What are the types of maintenance?
Wife's maintenance
Due to the wife during the subsistence of the marriage under a valid contract.
Waiting-period (iddah) maintenance
Due to the divorced woman during her waiting period after divorce.
Consolation (mut'ah) maintenance
Financial compensation for the divorced woman under the conditions the law sets for its entitlement.
Children's maintenance
A fundamental right of the children that falls on the father as the person liable.
Relatives' maintenance
For ascendants and descendants in need, owed by the person obliged to maintain them under the law.
Housing maintenance
Provision of suitable housing for the custodian and the child within the maintenance provisions.
Third: What does maintenance cover?
The law has defined what maintenance covers so as to secure for the entitled person a dignified life consistent with their social standing and prevailing custom, primarily including:
Domestic help where applicable
Fourth: How is the amount of maintenance assessed?
Maintenance is not subject to a fixed sum; rather, the judge assesses it according to the circumstances of each case, balancing the ability of the person liable against the need of the entitled person, while taking into account economic conditions of time and place. The assessment criteria revolve around:
The means of the person liable
The capacity, income and financial position of the person who owes the maintenance.
The need of the entitled person
The needs of the wife or children in a way that preserves their standard of living.
The economic context
The standard of living and prevailing prices of time and place.
It is worth noting that children's maintenance is a fundamental right of the child that is not affected by the separation of the parents; it is paid for the child's benefit and not to the mother, even if she is the custodian, and the father may not stop paying it or change its amount except by a court order.
Fifth: How do you claim maintenance?
The claim path in brief
1. Resorting to family guidance and reconciliation where the law requires it before filing the case.
2. Filing the maintenance case before the competent personal-status court, specifying what is claimed for both the wife and the children.
3. Submitting proof of the marriage or filiation and what supports the assessment of need and the means of the person liable.
4. The possibility of requesting interim (temporary) maintenance pending the determination of the case, to protect the entitled person from hardship.
Sixth: How are maintenance judgments enforced?
Once issued, a maintenance judgment becomes an enforceable instrument; so if the person liable refuses to pay voluntarily, the entitled person may compel payment through the execution court using the means prescribed by law, including:
Attachment of assets and salary
Recovering the maintenance from the salary of the person liable or from their assets by attaching them in accordance with the prescribed procedures.
Compulsory execution measures
Taking the means the law provides to compel the defaulting party to pay the maintenance due.
Maintenance debts are distinguished by their importance, as they relate to the sustenance and livelihood of the entitled persons, which makes their recovery a priority in execution procedures so as to preserve the family's stability.
Seventh: When does maintenance change or end?
Maintenance is not a rigid, unchanging sum; its assessment may be reconsidered, upward or downward, when circumstances change, such as a change in the income of the person liable or in the need of the entitled person, provided this is done by a court judgment and not by a unilateral decision. Some types of maintenance may also end when their cause lapses, such as the expiry of the waiting period for iddah maintenance, or a child reaching the point at which the need for it no longer exists as regulated by law.
Legal references
• Federal Decree-Law No. (41) of 2024 issuing the Personal Status Law — federal decree-law.
• Federal Decree-Law No. (41) of 2022 on Civil Personal Status — federal decree-law (for non-Muslims).
Do you need to claim maintenance, assess it, or enforce a judgment for it?
The team at AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS helps you file a maintenance case, accurately assess the amount due, and follow up on the enforcement of the judgment, preserving your rights and those of your children.
Specialised legal consultancy in maintenance and personal-status cases in the UAE.
Frequently asked questions
Is a financially well-off wife entitled to maintenance?+
Yes, the wife's maintenance is due under a valid marriage contract once she has made herself available to her husband, even if she is well-off; her entitlement is tied to the existence of the marriage and the fulfilment of its requirements, not to her financial situation.
To whom is children's maintenance paid, and who owes it?+
Children's maintenance is a fundamental right of the child that is not affected by the separation of the parents; it falls on the father as the person liable, and it is paid for the child's benefit and not to the mother, even if she is the custodian.
On what basis does the judge assess the amount of maintenance?+
The judge assesses maintenance by balancing the means of the person liable against the need of the entitled person, while taking into account economic conditions and the standard of living of time and place; it is therefore not subject to a fixed sum but to the circumstances of each case.
Can maintenance be requested before the case is decided?+
Yes, interim (temporary) maintenance may be requested and imposed pending the determination of the case, to protect the entitled person from hardship during the period of litigation.
How is a maintenance judgment enforced if the liable party refuses to pay?+
Upon refusal to pay voluntarily, the judgment is enforced compulsorily through the execution court using the means prescribed by law, including attachment of salary and assets and taking compulsory execution measures to ensure the maintenance is paid.
Does the amount of maintenance change after the judgment is issued?+
The amount of maintenance may be reconsidered, upward or downward, when circumstances change, such as a change in the income of the person liable or in the need of the entitled person, provided this is done by a court judgment and not by a unilateral decision.
Is non-Muslims' maintenance governed by the same Personal Status Law?+
Non-Muslims are governed by the civil personal-status provisions set out in Federal Decree-Law No. 41 of 2022, which regulate the financial effects of separation within their own framework, rather than by the provisions of Personal Status Law No. 41 of 2024.
For specialised legal advice on maintenance — its assessment, claiming it, and enforcing judgments — contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS.
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Legal disclaimer
The information in this blog is of a general nature and is provided for legal education and community awareness only. It does not constitute legal advice or a legal opinion to be relied upon in any particular case. Provisions differ according to the circumstances of each case and the development of the legislation and regulations governing it. It is advisable to consult a specialised lawyer for accurate advice suited to your legal situation before taking any action.
In the event of any discrepancy between this translation and the original Arabic text, the Arabic version shall prevail.
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