Background – Wife Compensation UAE & Children’s Alimony

Wife compensation in the UAE and children’s alimony are key financial considerations for expatriates navigating divorce under the non-Muslim Personal Status Law.

Family law in the United Arab Emirates has evolved significantly following the enactment of Federal Decree-Law No. 41 of 2022, regulating personal status matters for non-Muslims. These reforms introduced a more structured and evidence-based approach to spousal compensation and children’s alimony, with a strong emphasis on financial transparency and family stability.

Despite these developments, misconceptions remain common—particularly among expatriates—regarding when wife compensation may be awarded and how children’s expenses are calculated and enforced. This publication outlines the applicable legal framework and the practical issues that frequently arise during divorce proceedings.

1. Wife Compensation UAE: Purpose and Scope

1.1 Nature of Wife Compensation

Under Article 9 of Federal Decree-Law No. 41 of 2022, courts may award compensation to a wife where the marriage has caused demonstrable financial or non-financial loss. Compensation is not punitive; it is intended to address:

the economic impact of marital responsibilities;
career interruption or reduced earning capacity;
long-term financial contributions to the household;
income disparities arising from family-related sacrifices.

1.2 Eligibility Considerations

Judicial practice indicates that compensation is more likely where:

the wife acted primarily as a stay-at-home spouse;
childcare or family duties affected career progression;
economic dependence or loss of earning capacity is evidenced;
the marriage was of sufficient duration to establish reliance.

Compensation is less commonly granted where both spouses maintain independent careers, no measurable economic impact is shown, or claims lack supporting evidence.

1.3 Key Risks

assuming compensation is automatic;
calculating claims as a percentage of the husband’s income;
failing to document the financial effect of marital roles.

1.4 Required Documentation

Courts increasingly expect documentary evidence, including:

employment history and salary records;
proof of career breaks or reduced work schedules;
financial dependency records;
evidence of childcare and domestic responsibilities.

2. Children’s Alimony: Determining Financial Support

2.1 Purpose and Principle

Children’s alimony is awarded to preserve the child’s standard of living, in line with Federal Decree-Law No. 41 of 2022 and its Executive Regulations. The overriding principle is the child’s welfare and stability, regardless of parental separation.

2.2 Expenses Covered

Children’s alimony typically includes:

education and extracurricular activities;
housing contributions;
medical expenses and health insurance;
food, clothing, and daily living costs;
transportation;
reasonable recreational activities.

The objective is to maintain the child’s pre-divorce lifestyle as far as reasonably possible.

2.3 Assessment Factors

Courts assess:

the child’s actual needs;
the paying parent’s financial capacity;
the prior standard of living;
any special or exceptional circumstances;
documented evidence of expenses.

2.4 Evidentiary Expectations

Judges increasingly require concrete documentation, such as:

school fee invoices;
tenancy agreements;
medical insurance records;
bank statements showing recurring costs.

General assertions of “high expenses” are insufficient without proof.

3. Interaction Between Wife Compensation and Children’s Alimony

3.1 Separate Legal Foundations

Wife compensation and children’s alimony are assessed independently:

wife compensation addresses the economic impact of the marriage;
children’s alimony addresses the ongoing needs of the child.

A spouse may be entitled to one, both, or neither, depending on the evidence.

3.2 Financial Planning Implications

Wife compensation is generally awarded as a one-time payment, whereas children’s alimony is recurring and may be revised if circumstances change. Parties should approach settlement negotiations with these distinctions clearly in mind.

4. Practical Considerations

4.1 Early Evidence Collection

Lack of organised financial documentation is the