Reasons for Forfeiture of the Right to Alimony under UAE Law

Amanah Al-Shami

Legal Researcher at Zayed Al-Shamsi Law Firm and Legal Consultations 

Alimony is not merely a financial obligation; it is a form of support for family relationships and a reinforcement of mutual trust and responsibility. From this perspective, the condition for the continuation of alimony is the wife’s fulfillment of her religious and legal duties within the marital relationship, reflecting the philosophy of balance between rights and obligations.

Based on the foregoing, the UAE legislator, in the Personal Status Law issued by Federal Decree-Law No. 41 of 2024, specified the cases in which the wife’s right to alimony is forfeited. Article (103) of the mentioned law states:

• A wife’s right to alimony is forfeited if she prevents herself from her husband or refuses to move to the marital home or stay overnight there, or to travel with her husband without a legitimate excuse.

Accordingly, the entitlement to the right is conditional upon the fulfillment of duties, ensuring the balance between right and obligation, and that the right is exercised only under proper circumstances. Therefore, upon a reflective analytical reading of the aforementioned article, we observe that the UAE legislator, although imposing many duties on the husband, was keen to ensure that the husband does not fall victim to the neglect or failure of the wife in fulfilling her duty to follow him and perform his marital rights. The law consequently stipulates that the wife’s failure in this regard results in the forfeiture of her alimony, reinforcing the principle of balance between rights and obligations.