consultation

■ Is alimony considered a debt owed by the husband if he refuses to pay it?

"S.A."

Sharjah

■■ It is established according to the latest amendments contained in Decree-Law No. 29 of 2020 regarding personal status that the wife’s alimony is obligatory on her husband according to the valid contract if she surrenders herself to him, even if by judgment, and it is a debt that is proven in the husband’s debt from the time he refrained from spending while it is obligatory non-stop. Judiciary or mutual consent, and it does not lapse except by performance or acquittal, and the lawsuit is not heard for a previous period exceeding three years from the date of the judicial claim.

In order for the consummated wife to be entitled to alimony from her husband, it is stipulated that she not miss his right to retain that leads to the purpose of marriage, i.e. her stability in the legal marital home, she does not leave him except for what she legally owns, so if she leaves the legal conjugal home without her husband’s permission and without a legal excuse, then she is considered disobedient and forfeited. Her expense is for the duration of her disobedience.

This leads to the obligation of the wife’s maintenance on her husband if the loss of the purpose of marriage is a legitimate justification that has nothing to do with the will of the wife, and this maintenance is not affected by the husband’s claim that the wife left the marital home or her claim of disobedience, or the claim that he sent her in her request, as the burden of proving his spending on her falls on the husband.

And he must prepare a suitable home for her, because the home is one of the elements of alimony, and therefore the alimony is considered a debt owed by the husband from the date of refraining from paying it to the wife. 

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