Home About Us Practice Areas Legal Articles FAQ Contact Book Consultation →

Home · Legal Articles · Alimony (Nafaqa)

Alimony (Nafaqa)Under UAE Law

Key takeaway: Under Federal Decree-Law No. 41 of 2024, a husband must support his wife even if she has her own money, a father must support his children, and solvent children must support parents in need. The court sets the amount by the payer's means, the recipient's needs and the cost of living, and can order temporary maintenance while the case runs. A wife can claim up to two years of past maintenance, and a child up to one year.

Who pays alimony in the UAE, how the court calculates it, how far back you can claim, and when an existing order can be increased or reduced, explained article by article from the 2024 Personal Status Law.

Alimony (nafaqa) in the UAE is a legal right, not a favour. For Muslims, and for others who do not opt for a different law, it is governed by Federal Decree-Law No. (41) of 2024 on the Personal Status Law, in force since 15 April 2025. Article 95 defines alimony as the necessities and basic needs of the person entitled to it: food, clothing, housing, medical treatment and education, assessed according to custom.

The law sets out who must pay, who is entitled, how the amount is fixed, how far back a claim can reach and when an order can be changed. The sections below follow those rules in order.

Who is entitled to alimony, and who pays?

Under Federal Decree-Law No. 41 of 2024, the husband pays alimony to his wife even if she is wealthy, the father pays for the children, solvent children pay for needy parents, and solvent relatives who would inherit pay for other relatives. If the payer cannot cover everyone, the wife comes first, then the children, then the parents (Article 110).

Alimony under Federal Decree-Law No. 41 of 2024
Entitled personWho paysKey ruleArticle
WifeHusbandOwed under a valid marriage contract even if the wife is wealthy; ends only by payment or release99
Divorced wife in her waiting period (iddah)Former husbandOwed after a revocable divorce; after an irrevocable divorce only if she is pregnant, until birth; none after khula; she may stay in the marital home during the iddah101
ChildrenFather (mother if the father is absent or unable)Until a daughter marries or works, and until a son can earn like his peers, or longer while he studies with normal success106
ParentsSolvent children, sons or daughtersShared among the children according to each one's means107–108
Other relativesSolvent relatives who would inheritIn order of inheritance and their shares110

If the person who must pay cannot cover everyone, the law sets the order: the wife first, then the children, then the parents, then other relatives (Article 110).

How does the court calculate the amount?

There is no fixed table or percentage of salary in the law. Under Article 96 the judge weighs three things: the payer's means, the situation of the person being supported, and the economic conditions of the time and place. Alimony can be paid in cash, or covered in kind, for example by providing housing or the use of property.

In practice the case turns on evidence. The court looks at salary certificates, bank statements, other income, the family's standard of living during the marriage, rent, school fees and medical costs. A claimant who documents real expenses, and a payer who documents real income and obligations, are both in a stronger position.

  • Housing for the children: the person who pays the children's maintenance must also pay the custodian's rent, unless she owns or has a home to live in. The judge can set a rent amount that covers housing the children with her (Article 119).
  • Continued education: a son who keeps studying with normal success remains entitled beyond the age at which his peers would earn a living (Article 106).
  • Adult children: an adult son who cannot earn because of a disability, and a daughter who is divorced or widowed and has no means, return to the father's maintenance (Article 106).

Can you claim alimony for past months?

Yes, but only within strict limits. Maintenance due from the date the case is filed is treated as a privileged debt that is paid ahead of the payer's other debts. Older, past maintenance is an ordinary debt (Article 98).

How far back an alimony claim can reach
ClaimMaximum past periodArticle
Wife's maintenance2 years before the date the case is filed99(3)
Children's maintenance from the father1 year before the judicial claim111(1)
Other relativesOnly from the date of the judicial claim111(2)

The practical lesson: if support has stopped, do not wait. Every month beyond these limits is lost.

Can an alimony order be increased or reduced?

Yes. Under Article 97, alimony can be increased or reduced when circumstances change, for example a rise in the payer's income, a child starting school or university, or a genuine fall in the payer's earnings. Three rules apply:

  1. Wait one yearA claim to increase or reduce is not heard until one year has passed since the alimony judgment became final, except in exceptional circumstances that the court accepts.
  2. Increases reach back up to 6 monthsAn increase can be applied retroactively, but for no more than six months.
  3. Reductions apply from the rulingA reduction is not retroactive. It runs from the date of the judgment, unless the judgment sets another date.

For the evidence and procedure, see our guide to increasing alimony in the UAE.

What is mut'ah, and how is it different from alimony?

Mut'ah is a separate compensation for a divorced wife, paid on top of her waiting-period maintenance. Under Article 102 of the 2024 Personal Status Law it is due when the husband divorces her by his own will without her request or fault, and it cannot exceed one year's maintenance for a woman in her position.

Mut'ah is compensation for a divorced wife, paid in addition to her waiting-period maintenance. Under Article 102 it is due where the husband divorced her, after a valid and consummated marriage, by his own will and without her request or fault, or where the divorce or annulment was caused by him. It is set according to the husband's situation, cannot exceed one year's maintenance for women in her position, may be paid in instalments, and takes into account the harm she suffered.

When can a wife lose her right to alimony?

Under Article 103, the wife's right to maintenance falls if, without a legitimate excuse, she refuses herself to her husband, refuses to move to or stay in the marital home, or refuses to travel with him. The words "without a legitimate excuse" matter: unsuitable housing, harm or other lawful reasons can justify her position, and that is often where a dispute is won or lost.

How do you file an alimony claim in Dubai?

To claim alimony in Dubai, gather the marriage contract, birth certificates and evidence of the payer's income, go through Family Guidance (urgent and temporary maintenance requests are exempt), ask for temporary maintenance, which is enforceable immediately (Article 100), and enforce the judgment through the execution court if the payer does not comply.

  1. Gather documentsMarriage contract, children's birth certificates, Emirates IDs, evidence of the payer's income, and receipts for rent, school fees and medical costs.
  2. Family GuidanceMost family disputes are first referred to the Family Guidance section to try to reach an agreement. Urgent and temporary maintenance requests are exempt from this step (Article 8).
  3. Ask for temporary maintenanceWhile the case is heard, the court can order temporary maintenance for the wife and children, and that order is enforceable immediately by force of law (Article 100).
  4. Hearing and judgmentEach side presents evidence of needs and means, and the court fixes the amount and the start date.
  5. EnforcementIf the payer does not comply, the judgment is enforced through the execution court.

What about non-Muslims and expatriates?

Non-Muslim citizens and residents are covered by Federal Decree-Law No. 41 of 2022 on Civil Personal Status, unless they ask for the law of their home country to apply (UAE Government portal). Which law applies changes how maintenance is assessed, so it is the first question we answer in an expatriate case.

How Husain Al Ali Advocates can help

We act for wives, husbands, parents and children in maintenance claims, temporary maintenance requests, increase and reduction cases, mut'ah claims and enforcement. We work in Arabic and English, prepare the financial evidence the court relies on, and give you a written fee quote before the case starts.

Frequently asked questions

Is a working wife entitled to alimony in the UAE?

Yes. Under Article 99, the husband must maintain his wife under a valid marriage contract even if she is wealthy. Her right ends only by payment or release.

Until what age must a father pay child support?

For a daughter, until she marries or works. For a son, until he reaches the age at which his peers earn a living, or longer while he continues his studies with normal success (Article 106).

How far back can I claim unpaid alimony?

A wife can claim up to two years before filing (Article 99). Child maintenance can be claimed for up to one year before the claim (Article 111).

Is alimony paid after khula?

The wife is not entitled to waiting-period maintenance after khula (Article 101). The children's maintenance from their father continues.

When can I ask the court to increase alimony?

Usually after one year from the date the alimony judgment became final, unless the court accepts exceptional circumstances. An increase can reach back up to six months (Article 97).

Can I get money while the case is still running?

Yes. The court can order temporary maintenance for the wife and children during the case, and it is enforceable immediately (Article 100).

Husain Al Ali is a UAE-licensed Advocate by Ministry of Justice, admitted to practice before local and Federal Courts of the UAE.

Related reading
ArticleTopic
Alimony Increase Claims in the UAEConditions, procedure and documents for increasing maintenance
Divorce Under UAE LawTypes of divorce and grounds for a wife to petition the court
Child Custody Under UAE Personal Status LawCustody age and a child's right to choose at 15

Do not rely solely on the information available on the website; you should consult a lawyer to clarify many matters.

Need advice on an alimony or support claim?

Book a confidential consultation with our family law team.