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Alimony For Divorce In Malaysia

Alimony For Divorce In Malaysia

Alimony For Divorce In Malaysia

It is common to hear questions from a wife contemplating a divorce about how much she can ask for alimony for divorce in Malaysia from her husband.

Before we proceed to discuss on alimony or maintenance of spouse, it is essential to ask the question if both parties are agreeing to divorce or on the divorce terms (particularly on the amount of alimony).

  1. Joint Petition Divorce (Both Parties Agreed To Divorce & Divorce Terms)

In a joint petition divorce, both parties can come to an agreement of any amount as to the alimony payable to wife (or husband in case where the husband is incapacitated from earning by reason of mental or physical injury) that is acceptable and reasonable to both parties.

Normally, the Court will not interfere if such agreement of alimony exist between both parties even if no alimony is payable to the wife (if both parties agreed to it).

  2. Single Petition Divorce (Only One Party Agrees To Divorce Or Disagreement On The       Divorce Term(s))

In a single petition divorce, where one or both parties cannot come to an agreement of the amount of alimony, the Court will have the power to make an order.

To clear your doubts, there is no law in Malaysia that dictates how much exactly a husband needs to pay to the wife.

In deciding how much is the maintenance by the Court, the Court shall have to base its assessment primarily on the means and needs of the parties. In other words, the Court will assess how much the wife (or husband as the case may be) spends and live on monthly based on her lifestyle and at the same time assessing on the earning capacity of the wife (or husband).

Moreover, it is important to note that the Court will also take into consideration of the responsibility of the party for the breakdown of the marriage. For example, the Court might award more alimony to the wife if the husband committed an adultery which caused the breakdown of the marriage.

Contact our lawyer now for consultation and quotation for any issues regarding divorce, alimony or maintenance of wife, custody of children or division of property.

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2 thoughts

  1. Sir..i wld like to knw wht chances do i have if my wife is filing fr a divrce ..i hv 2kids 12 n 13yr…im jobless but my wife agreed tht i dont hv to work n i will takecare of the kids..i tkecre the kids since year 2006 till now..it 11yr…my wife is workig in saudi as a nurse…n now she will file a divorce n full cstody of my children..is tht possible?since i the one who wre stressfully taking care of my children since they wre a todler…it is not fair for me..l hv lost all the jobs i have before since 2006 till now…my wife is the person who provide all the financial…..seems like she is insisting to divrce so that she could marry other….my children told me that they wont stay with the mother if she remarried others…all i want to know how malaysia legal system works in the cases of mine abt custdy?please help n advice…tq

    1. Hi Joshua,

      If your wife is insisting to file for a single petition divorce in Malaysia, you need to appoint a lawyer in the event you are served with divorce papers. If you decide to ignore or not attending the Court hearing of the divorce petition, the Court will grant an order against your favor.

      As to the award of custody, the Court will grant custody not just based on which party is more “well off” but based on the best interest of the kids as well as the wishes of the children.

      I would advise you to seek for legal aid support if necessary.

      Good luck.

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