Alimony in UAE: New Law Ensures Faster Payments

Alimony in UAE is evolving with new laws aimed at ensuring faster payments and reducing financial hardships. A new regulation aimed at addressing unpaid alimony and child support will soon be presented to the UAE Cabinet for approval. The proposal allows third parties to issue the required payments to custodial parents and children, with the amount later reclaimed from the obligated party. The initiative seeks to eliminate financial hardships caused by delayed payments and administrative challenges.

Ensuring Prompt Financial Support

Concerns about the enforcement of court-ordered alimony and child support were raised by a member of the Federal National Council (FNC), highlighting the difficulties many individuals face in executing these rulings. The proposed mechanism is expected to streamline the process and prevent custodial parents and children from suffering due to non-compliance with judicial orders.

Authorities acknowledge that family law cases, particularly those concerning alimony, custody, and visitation rights, are complex to enforce due to their sensitive nature. In many cases, conflicts between former spouses escalate, leading to non-compliance with court rulings, further straining affected families.

Derived from Federal Law No. 41 of 2024

The regulation is based on Federal Law No. 41 of 2024, which grants the Cabinet the authority to collaborate with federal and local entities to facilitate alimony enforcement. The proposed framework would allow government agencies or private legal entities to disburse alimony payments directly to beneficiaries and recover the funds from the responsible party.

By expediting this process, the regulation aims to reduce financial strain on custodial parents, ensuring children receive necessary financial support without undue delays.

A Fund to Provide Temporary Assistance

The proposal also includes a recommendation to establish a dedicated fund within the courts to provide temporary financial assistance to children awaiting their alimony payments. This initiative seeks to prevent disruptions that could affect children’s basic needs, such as education, housing, and healthcare.

Legal experts argue that this fund would serve as a crucial safety net for families facing financial hardships due to delays in alimony payments. Such a measure would not only safeguard children’s well-being but also reinforce the importance of compliance with court orders.

Challenges To Enforce Alimony In UAE

Non-compliance with alimony rulings has remained a significant issue despite existing legal frameworks. Some private sector employers have resisted court-mandated salary deductions, complicating enforcement efforts.

Additionally, logistical challenges arise when obligated parties reside in different emirates, making legal enforcement more complex. Even with cA new regulation aimed at addressing unpaid alimony and child support will soon be presented to the UAE Cabinet for approval. The proposal allows third parties to issue the required payments to custodial parents and children, with the amount later reclaimed from the obligated party. The initiative seeks to eliminate financial hardships caused by delayed payments and administrative challenges.

Key Differences from Previous Laws

The new regulation introduces several key changes to improve alimony enforcement compared to previous laws:

• Third-Party Disbursement: Unlike earlier frameworks, where payments were solely dependent on the obligated party, the new regulation permits designated entities to issue payments and recover them later, ensuring immediate financial relief.
• Government and Private Sector Collaboration: Previous laws lacked mechanisms to involve private legal entities or government-backed organizations in the direct enforcement of alimony rulings.
• Establishment of a Dedicated Fund: Earlier regulations did not include provisions for a court-managed fund to provide temporary assistance, leaving custodial parents with limited financial recourse.
• Stronger Enforcement Measures: The new law introduces more robust mechanisms for ensuring compliance, including potential measures to hold private sector employers accountable for court-mandated salary deductions.
• Expedited Procedures: The updated framework seeks to eliminate lengthy administrative delays by streamlining the legal process and improving coordination between federal and local authorities.

These enhancements aim to create a more efficient and effective system for enforcing alimony payments, reducing financial hardships for affected families.With the new regulation under review, authorities are engaging with relevant stakeholders to finalize its implementation. The Cabinet will determine the specific procedural details, including which entities will be responsible for issuing payments and reclaiming funds from the obligated individuals.

If enacted, this measure could significantly alleviate financial burdens on custodial parents and ensure that children receive the financial support they are entitled to. Legal analysts see the proposal as a much-needed reform in family law enforcement, emphasizing the importance of timely compliance with judicial rulings.

The upcoming decision by the Cabinet will be crucial in shaping the future of alimony enforcement in the UAE, offering hope to many families struggling with delayed payments.ourt-issued arrest warrants, delays in payment persist, further exacerbating financial difficulties for custodial parents.

Frequently Asked Questions (FAQ) on Alimony in the UAE

1. What is alimony?

Alimony is a legally mandated financial support that one spouse provides to the other after divorce or separation. In the UAE, alimony typically includes living expenses, housing, and other essential costs, especially if children are involved.

2. Who is entitled to receive alimony?

Alimony is usually granted to the custodial parent who is responsible for the children’s welfare. In some cases, a spouse may also receive alimony if they are financially dependent on the other spouse post-divorce.

3. How is alimony calculated in the UAE?

The court determines alimony based on several factors, including:

• The financial status of the paying spouse.
• The needs of the custodial parent and children.
• The standard of living before the divorce.
• Additional expenses such as education, medical costs, and housing.

4. How long does alimony last?

Alimony payments typically continue until:

• The dependent spouse remarries.
• The children reach adulthood or become financially independent.
• A court modifies the ruling based on new circumstances.

5. What are the key changes in the new alimony law?

The newly proposed regulation introduces:

• Third-party disbursement of payments to custodial parents.
• A court-managed fund for temporary financial assistance.
• Faster enforcement mechanisms to prevent delays.
• Stronger legal actions against non-compliant spouses.

6. What happens if an ex-spouse refuses to pay alimony?

Non-payment of alimony is a legal offense. The court can enforce payment by:

• Deducting the amount from the defaulter’s salary.
• Freezing bank accounts.
• Issuing arrest warrants.
• Preventing travel until payments are made.

7. Can private companies refuse to deduct alimony from an employee’s salary?

Earlier, some private companies avoided implementing court orders regarding salary deductions. However, under the new regulation, private employers may be legally required to comply with court-mandated deductions.

8. Can a custodial parent apply for an increase in alimony?

Yes. If the cost of living increases, the custodial parent can file a petition to revise the alimony amount. Factors such as inflation, additional expenses, or a change in the financial status of either party may be considered.

9. How will the newly proposed third-party disbursement work?

The new regulation allows approved government agencies or private legal entities to issue alimony payments directly to custodial parents and recover the amount later from the obligated party. This ensures faster financial support for children and custodial parents.

10. What role will the dedicated alimony fund play?

A court-managed fund will provide temporary financial relief to custodial parents in cases where payments are delayed. The government will later recover the amounts from the obligated spouse.

11. Can a travel ban be imposed for non-payment of alimony?

Yes. Courts in the UAE can issue a travel ban against an individual who repeatedly fails to make alimony payments, ensuring that they settle their financial obligations before leaving the country.

12. What legal steps can be taken if the non-paying spouse lives in a different emirate?

The legal process can still be enforced even if the obligated party resides in another emirate. The court can coordinate with local authorities to ensure compliance, including issuing arrest warrants or salary deductions.

13. Can alimony orders be challenged in court?

Yes. Either party can appeal an alimony ruling if they believe the amount is unfair. However, the court will consider financial evidence before making adjustments.

14. Is alimony taxable in the UAE?

No. Alimony payments are not subject to taxation in the UAE.

15. Can an ex-spouse refuse to pay alimony claiming financial hardship?

The court reviews all claims of financial hardship. If an ex-spouse is genuinely unable to pay, the court may reassess the alimony amount but will still prioritize the well-being of the children.

16. What documentation is required to file for alimony enforcement?

To file for enforcement, custodial parents need:

• The original court order granting alimony.
• Proof of non-payment (bank statements or communication records).
• Any prior legal notices issued to the ex-spouse.

17. Can alimony payments be made in installments?

Yes, in some cases, courts may allow payment in installments if the obligated spouse demonstrates financial constraints. However, failure to adhere to the installment plan can lead to legal action.

18. What happens if the obligated spouse loses their job?

If the obligated spouse loses their job, they must inform the court. Depending on their circumstances, the court may temporarily adjust alimony payments until they secure new employment.

19. Can alimony be settled outside of court?

Yes. If both parties agree, they can settle alimony obligations privately through mutual agreements. However, it is advisable to get legal validation to avoid future disputes.

20. What impact will the new law have on single-parent households?

The new regulation is expected to provide more financial stability for single-parent households by ensuring timely alimony payments through third-party disbursement and government-backed financial assistance.