Alimony is one of the most important financial rights guaranteed by law. It includes alimony for the wife, children, and parents (father or mother). The Personal Status Law and the Sharia Procedural Law establish a clear mechanism for determining alimony once a claim reaches the stage of establishing entitlement.
First: Establishing Entitlement to Alimony
Once the court confirms that the claimant is legally entitled to alimony, the judge proceeds to the determination of the alimony amount, following a structured legal process aimed at achieving fairness and preventing fraud or collusion.
Second: Inviting the Parties to Agree on the Alimony Amount
Initially, the judge will:
- Instruct the parties to attempt to agree on the amount of alimony,
- Provided that there are no indications of manipulation or collusion intended to obtain an artificial judgment under the Sharia Procedural Law.
📌 If the parties reach an agreement, the court adopts it and issues its judgment accordingly.
Third: Resorting to Experts to Assess Alimony
If the parties fail to agree on the amount of alimony, the judge moves to the next procedural step:
1. Agreement on Experts
- The judge asks the parties to mutually agree on experts to assess the alimony.
- If they agree, the court adopts the experts’ assessment.
2. Court-Appointed Experts
If the parties cannot agree on experts:
- The court appoints experts on its own initiative.
- Their assessment is considered authoritative, subject to the right of objection.
Fourth: Duties of Experts in Determining Alimony
The appointed experts shall:
- Meet with the parties in person or through their legal representatives.
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Investigate:
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The daily needs of the alimony recipient, and
- The income and actual financial capacity of the obligated party.
Basic needs include:
- Food and drink
- Clothing
- Other essential necessities required for a dignified life
📌 Legally, it must be observed that:
Alimony may not, in any case, be less than the minimum standard of sufficiency.
Fifth: Objection to the Alimony Assessment
- If the parties initially agree on the amount assessed by the experts, the court issues its ruling accordingly.
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If they do not agree, then:
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The alimony recipient may object if the amount is insufficient, and
- The obligated party may object if the amount exceeds his or her financial ability.
Such objections are subject to the general rules of evidence, including the submission of proofs and defenses.
Legal Summary
- Alimony determination follows a graduated legal process starting with agreement and ending with expert assessment.
- Court intervention ensures fairness and prevents abuse or collusion.
- Alimony must balance the recipient’s needs and the payer’s capacity.
- It may never fall below the minimum standard of living sufficiency.