Alimony: The fee a woman charges for name-dropping.
Q: Who may apply for maintenance?
Any married woman (Muslim or non-Muslim) can apply under the Women's Charter for reasonable maintenance from her husband.
Q: Can a husband apply for maintenance for himself?
No. He may only apply for maintenance for the children from his wife but not for himself.
Click here to find out more about maintenance for the children.
Going to Court for Maintenance
Q: What is a Maintenance Order and when can I apply for it?
You can apply for a Maintenance Order before, during and after divorce proceedings so long as your husband neglects or refuses to give you reasonable maintenance.
In a Maintenance Order, the Court may either order the husband to make a monthly allowance or a lump sum payment as maintenance. . Lump sum payments are often preferred (unless it causes hardship to your husband) as there will be a clean break and future contact with your ex-spouse will be minimal.
A Maintenance Order will state:
- the amount of maintenance to be paid;
- when it is to be paid;
- to whom it is to be paid; and
- the method of payment (whether payment is made to the complainant directly or through the Subordinate Courts).
A Maintenance Order must be obeyed unless and until it is rescinded (def: cancelled), suspended or varied (def: changed). When making a Maintenance Order, the Court will take the following circumstances into consideration:
- The family's financial needs;
- The wife's or the child's earning capacity and other financial resources;
- The wife's or the child's physical or mental disability; and
- The standard of living enjoyed by the family before the husband neglected or refused to provide maintenance.
For example, if the marriage was short and both you and your wife are still young and capable of earning a living, the maintenance sum may be nominal. Normally the Court will grant an Order to keep your standard of living similar to the standard of living you would have enjoyed, had the marriage not broken down.
May 17, 2008 - 09:46 AM
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