The Personal Status Law regulates the entitlement to alimony and financial rights arising from marriage and divorce, ensuring fairness and protecting the rights of the wife and children. Below is a detailed explanation of when each type of alimony and financial entitlement becomes due, in accordance with the relevant legal provisions.
First: When Is Wife’s Alimony Due?
A wife is entitled to alimony from the date of a valid marriage contract. However, judicial claims for alimony are calculated from the date the lawsuit is filed. Legal Basis: Article (60) of the Personal Status Law.
Second: When Is Children’s Alimony Due?
Children’s alimony is due from the date of birth and continues as follows:
- For a son: until he reaches the age at which he is able to earn a living like his peers.
- For a daughter: until the conclusion of her marriage contract.
Legal Basis: Articles (187) and (195) of the Personal Status Law.
Third: When Is Educational Alimony Due?
Educational alimony is considered part of mandatory child support and is due:
- From the preparatory (kindergarten) level
- Until completion of the first university degree
Legal Basis: Article (190) of the Personal Status Law.
Fourth: When Is Custody Wage Due?
The custody wage is due to the custodian:
- During the waiting period (ʿiddah) of an irrevocable divorce
- And continues after the completion of the ʿiddah
Legal Basis: Article (178) of the Personal Status Law.
Fifth: When Is the Children’s Housing Allowance Due?
The children’s housing allowance is due to the custodian:
- During the ʿiddah of an irrevocable divorce
- And after its completion, as long as custody continues
Sixth: When Is Breastfeeding Wage Due?
The breastfeeding wage is due to the custodian:
- During the ʿiddah of an irrevocable divorce
- And thereafter, when the legal grounds for entitlement exist
Legal Basis: Article (168) of the Personal Status Law.
Seventh: When Is Compensation for Arbitrary Divorce Due?
Compensation for arbitrary divorce is due:
- After the wife’s waiting period (ʿiddah) has ended
- In an amount equivalent to alimony for no less than one year and no more than three years
Legal Basis: Article (155) of the Personal Status Law.
Eighth: When Is the Full Dowry Due?
The full dowry becomes due in the following cases:
- After consummation of marriage
- Or valid seclusion (khalwah ṣaḥīḥah)
- Or upon the death of either spouse before consummation or valid seclusion
Legal Basis: Article (43) of the Personal Status Law.
Ninth: When Is Half of the Dowry Due?
Half of the dowry is due if divorce occurs:
- Before consummation
- And before valid seclusion
Legal Basis: Article (44) of the Personal Status Law.