Alimony For Divorce In Malaysia
It is common to hear this question from a wife contemplating a divorce on how much of maintenance or alimony she can ask for from her husband in the event of a divorce especially when she is not working or if the husband is the sole breadwinner.
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).
- 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 and there is no fixed formula to calculate this.
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.
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