Questions & Answers
How to get maintenance from husband without divorce?
Hello,
I'm an Arab ex-pat living in the UAE my entire life. I have been married for 15 years. I have two boys and a good job, and I've been a good wife and mother.
Unfortunately, my husband has left me for the past year and is staying with another woman. He sends me limited expenses and visits his children monthly. I've tried to reconcile with him but to no use.
I have two questions:
I prefer not to get a divorce as I yet have hope, but is there a way I can claim maintenance from him and how is this maintenance calculated?
If I get a divorce, what happens to the custody of my children? Noting that they are both boys and the eldest is 14? My eldest is an autistic child who needs special support which his father can't provide, and I'm deeply concerned if he requests custody of this child.
Thank you!
Dear questioner,
You can approach the personal status court and file a maintenance case against your husband. He is responsible for you and it is his duty to pay for all of your expenses.
The court will take into account his salary or earnings while calculating maintenance payable to you.
With regard to the custody, you will get the custody of the eldest child because as per Article 156 of Federal Law No. 28 of the year 2005 (UAE Personal Status Law):
"Unless the interest of the fostered child otherwise require, the women fosterage shall continue in case the child is of unsound mind or suffering of a disabling illness"
You can contact us via phone or email for a detailed discussion and assistance in this regard.
Regards,
