Alimony For Divorce In Malaysia
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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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
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.
My wife just suddenly packed and left the house and later called me saying that she wants to file a divorce with me. I am the non willing to divorce and has talked to her last few times and begged her to give this marriage another chance (due to she fell inlove with a china man online facebook). But if this time she wants to divorce me, I will have to agree to it because she has changed and has been influenced by her family members and friends that surrounds her. She voice text me that now she wants to claim rm6000 (this rm6000 is part payment of which she helped me to pay the car loan) and the air cond which was hers when she shifted into my house 7 years ago. I bought the house before knowing her jfyi. Can she still claim alimony from me? She has a son from another husband of hers and me and her does not have any child. I have been taking care of her since we met till now 7 years, all the expenses i have been paying like utilities, loans for cars and petrol and servicing for her car which is under my name. The house is also under my name. What would you advice me to do now? reply her messages or just wait a letter from her lawyer if any. I have tried to discuss this issue with her but her friends (friend used helmet and tried to assult me after i told them that this is between me and her and has nothing to do with them) have used violent actions against me of doing so and thus i have also made a police report for that incident. My wife just stood there and did nothing about it. Through out these years i have not committed any adultery and has never hit her before but just showered her with concerns. Thanks in advance for your precious reply.
Hi Jantz,
In this situation, you can either wait for your wife to file a divorce petition in the High Court in Malaysia or you may file the divorce petition first if you think that the marriage has broken down.
To file a divorce petition in Malaysia, one needs to prove to the High Court that the marriage is over you need to prove your ground ie adultery, unreasonable behaviour etc.
The fact that she is meeting another person in her life is good enough to prove that the marriage has indeed broken down and you can definitely file for a divorce petition in Malaysia.
hi..Thanks so much for your advice…anyway i have receive her petition from her lawyer…its a joint petition and both me and her does not want to claim anything against each other. But in the petition by her lawyer has this clause “Relif-relif yang lain atau selanjutnya sebagaimana yang difikirkan sesuai oleh Mahkamah Yang Mulia ini”…should this clause be removed or should I just sign it due to it has to be in the petition. But that day i read your recent article regarding divorce agreement and settlement and it states that if its a joint petition then it will be best that the high court does not decide anthing at the final decision…so should i ask her lawyer to remove that clause above? Thanks again
Hi Jantz,
Even in a joint divorce petition in Malaysia, the Court is empowered to grant any order which the Court thinks fit and proper subject to the agreement of both parties. Hence, the clause is fine.
Thanks for your reply…appreciate it
Hi,
My wife sent a joint petition for divorce. I gave her full freedom yet she insisted on divorce with claim that she doesn’t want to have any attachment to me. She requesting joint custody. She bought a house without my knowledge a year ago. But she threatened me that if I don’t sign she will take my son away from me. She said she’s earning more so she will get the full custody and take my son who is 12 yrs old away and never to let him see me ever again. BTW, she had an affair and I forgave her and told her to keep our family together. I never thought this would happen to me and feeling very disturbed about this.
Hi Fred,
You may proceed to sign the divorce petition if you agree to the terms mentioned therein. However, if you do not agree, your wife will have to file a single petition divorce in Malaysia.
If your wife proceeds with a single petition divorce, it is the Court to decide if the marriage has broken irretrievably and eventually the Court will decide on the issue of custody and other issues.
If you wish to contest on the issue of custody, Court will decide based on the welfare of the child. So the prevalent question here is whether the alleged affair might affect the welfare of the child before the Court decides on the custody of the child.
You might want to appoint a lawyer to clear your queries and to protect your interest.
Thank you.
Hi, I recently got divorce. My ex husband not paying the children maintenance.. After what had agreed. What should I do?
Hi Audra,
If you ex husband is not paying in accordance to the court order, you can file an execution order against your ex husband to claim for the outstanding payment or bring an action against him for contempt of court.