Wife's Maintenance
Definition of a wife's Maintenance and its regulations according to the Personal Status Law
Article 59
- Maintenance is obligatory for every individual from their wealth, except for the wife, whose Maintenance is her husband's responsibility, even if she is prosperous.
- A wife's Maintenance includes food, clothing, accommodation, medical care, and customary services. These services are similar to those provided for women of her status
- The husband is obliged to pay Maintenance to his wife, and if he refuses to do so or if his negligence is proven, he shall be required to provide Maintenance
Article 60
Maintenance is due to the wife, even if they have different religious beliefs from the time of a valid marriage contract. Even if she resides with her family, if the husband requests her to move to his home and refuses without a legitimate reason, she is not entitled to Maintenance.
She has the right to refuse if the husband does not pay her immediate dowry or does not provide her with suitable housing.
Article 61
- wife who works outside the home is entitled to Maintenance under two conditions:
- Her work must be legitimate.
- The husband must explicitly agree to her work or indicate his consent.
- The husband is not allowed to revoke his permission for his wife to work except for a valid reason and without causing harm to her.
Article 62
If the wife leaves the marital home without a legitimate reason, she is not entitled to Maintenance unless she is pregnant, in which case she is entitled to pregnancy maintenance. Leaving without a legitimate reason includes preventing the husband from entering the home before requesting to move to another house. Legitimate reasons for her departure may include the husband's harm or mistreatment her lack of security for herself or her possessions.
Article 63
A wife imprisoned due to a final judgment is not entitled to Maintenance from the date of her imprisonment.
Article 64
Wife's Maintenance is imposed according to the husband's financial situation, whether prosperous or in need, and it can be increased or decreased based on his circumstances, provided that it does not fall below the minimum necessary for sustenance, clothing, housing, and medical care. Maintenance can be determined through the mutual agreement of the spouses or by a court judgment. The Maintenance for the period leading up to an agreement or court request is no longer valid.
Article 65
If a present husband refuses to provide Maintenance for his wife and she requests it, the court shall order him to provide her Maintenance from the date of her request.
Article 66
If the husband cannot provide Maintenance for his wife and she requests it, the court shall determine her Maintenance from the date of the request. The husband is considered indebted to his wife, who can spend her money or take a loan on his account.
Article 67
If Maintenance is awarded to the wife from the husband, and he cannot provide it, then the person responsible for her Maintenance (wali) must provide it, even if she marries someone else. The husband has the right to reclaim this expense from the wali.
Article 68
If the husband is absent and leaves his wife without Maintenance, travels far away, or loses his mind, the court shall determine her Maintenance from the date of the request based on the evidence provided by the wife. She should swear by the appropriate oath that her husband has not provided for her and that she is not in iddah (waiting period) due to divorce.
Article 69
Suppose the husband is absent or missing, and the wife claims her Maintenance from his wealth, his debtor, a trustee, or those under their jurisdiction, and they deny this or refuse it without a valid reason. In that case, the court shall determine her Maintenance from the date of the request. This is based on the evidence provided by the wife, with the prerequisite that she swears the legitimate oath in all situations specified in Article 68 of this law.
Article 70
The cost of a midwife and a doctor attending to childbirth, when necessary, medical treatment expenses, hospital fees, and other expenses incurred due to childbirth shall be the husband's responsibility, in an amount considered reasonable according to his financial situation. This applies whether the marital relationship is ongoing or not. Definition of Child Maintenance and its Provisions According to Personal Status Law
Article 187
Suppose a child does not have any wealth. In that case, his Maintenance is the responsibility of his father, with no one else sharing in it, unless the father is impoverished and incapable of providing for the child due to a physical or mental disability.
Article 188
If the father is absent and it is impossible to obtain Maintenance for the child from him, or if the father is impoverished but capable of earning, though his earnings are insufficient to meet the child's needs, or if he is unable to find employment, then the financial responsibility for the child's Maintenance falls upon the person legally obligated to provide it. This Maintenance shall be considered a debt owed by the person providing it to the father, which the father must repay once he becomes capable or has found a source of income.
Article 189
When determining the Maintenance for children, the father's financial status, whether prosperous or in need, is considered, and the Maintenance provided should be at least the minimum.
Article 190
A prosperous father is obliged to provide for his children's education at all educational stages, including the preparatory year before the first year of primary education, until the child obtains their first university degree, provided the child is capable of learning.
Article 191
- If the legally responsible guardian chooses to provide education for the child in a private school, excluding the preparatory year, they can only revert to this choice if they cannot afford private education expenses or if a valid reason justifies a change.
- Notwithstanding the provisions of paragraph A of this article, the legally responsible guardian cannot revert to their choice to provide education in a private school if the guardian of the child, without reverting the expenses to the legally responsible guardian, contributes to the expenses of this education as an act of charity, without expecting the legally responsible guardian or the child to repay it.
Article 192
A father is obliged to cover the medical expenses of his children, which are his responsibility.
Article 193
Suppose the father cannot pay for medical treatment, education, or any other expense, and the mother is prosperous and capable of covering these costs. In that case, she is obliged to cover them on the father's behalf, which becomes a debt owed by the mother to the father, to be repaid upon his ability to do so or when he becomes available.
Article 194
If both the father and the mother cannot cover expenses, the responsibility for covering medical treatment or education in the father's absence falls upon the legally responsible party. This amount is considered a debt on the father and is to be repaid upon his capability or availability.
Article 195
The Maintenance of an unmarried female, whether prosperous or relying on her earnings, continues until she gets married. The Maintenance of a boy continues until he reaches an age where he can earn for himself.
Article 196
The guardian has the right to represent the child in custody and maintenance claims and has the right to collect Maintenance until the child reaches the age of legal maturity.