It is undeniable that divorce is a gruelling and complicated process, as it involves two parties that have different needs and interests. Oftentimes, it becomes challenging for couples going through divorce to reach a fair compromise that satisfies both sides, especially when it comes to matters involving finances. These matters include alimony, which falls under family law and is typically handled by divorce or family lawyers.
If you are going through a divorce and wish to learn more about how alimony works in Malaysia, keep reading as we explain what it is, the different types, how it is calculated, and common concerns surrounding alimony.
Alimony in Malaysia, also known as spouse maintenance, is a financial obligation paid by one spouse to another after a divorce. Its primary purpose is to provide financial support, ensuring that a spouse who is unable to fully support themselves immediately after the marriage ends can maintain a reasonable standard of living.
The rules governing alimony in Malaysia differ depending on whether the parties are Muslim or non-Muslim, as they fall under different legal systems.
- Muslims: The alimony rule in Malaysia for muslims is based on the Syariah Court Law, also known as iddah maintenance. This includes food, clothing, and accommodation based on Hukum Syarak, where the husband provides the wife with financial support during the iddah period following a divorce.
- Non-Muslims: The alimony rule in Malaysia for non-muslims is based on the Law Reform (Marriage and Divorce) Act 1976 (‘LRA’). Under the LRA, the court may order spousal maintenance during the divorce or after it is finalised.
There are two main types of alimony in Malaysia: spousal maintenance and child maintenance.
Spousal maintenance refers to the support given to the divorced spouse during or after the divorce proceedings ordered by the High Court of Malaya. In most cases, this becomes the husband’s duty. However, in some cases, the wife may be required to contribute when the husband is in a vulnerable position, such as being disabled or losing his ability to work.
Alimony can be paid in a lump sum or monthly. However, the paying spouse’s obligation ends upon the death or remarriage of the other spouse. The paying spouse can appeal to the court to amend the alimony order if they can provide evidence of a sudden change of circumstances, such as loss of income.
Child maintenance involves a divorced spouse paying the other to help the child financially. In Malaysia, the law requires parents to ensure their children are properly cared for, where children are provided with food, clothing, accommodation, healthcare, and education. This responsibility continues regardless of the parents’ marital status.
If a parent neglects a child during the marriage, the court can order them to pay for child maintenance. The amount and duration of maintenance are determined based on factors such as the child’s age, health, standard of living, and the financial status of both parents.
Alimony can be paid in a lump sum, monthly, through an asset transfer, such as property, or through direct payment to third parties, such as utilities. It can be decided by both spouses or by the court.
Here are the basic details on how to calculate the alimony in Malaysia:
Both spouses in a joint divorce petition (whereby the divorce is mutual) can decide the divorce terms and which spouse must pay the alimony, including the overall amount.
However, if both spouses can’t agree on the same terms, the court can decide the amount in a unilateral divorce application (where only one spouse applies for the divorce without the other’s agreement).
There are some factors the court considers when calculating the alimony in Malaysia. Here are some of them:
- The overall standard of living of the couple during the entire marriage
- The financial situation and ability of the paying spouse
- The age and overall health condition of the spouse who is receiving the alimony
- The marriage duration
- The amount of contribution given by each spouse
- The number of responsibilities held by each spouse during the marriage
For child maintenance, the paying spouse will pay a monthly fee to the other parent’s bank account, which has custody of the child. The paying spouse can also transfer ownership of a property to an individual and use the income from the property to pay the alimony.
The payment for child maintenance continues until the child reaches 18 years old or if the child possesses any mental or physical disability. This also may apply if the child is pursuing higher education.
Alimony is not automatically granted in Malaysia. Whether a spouse receives maintenance depends on the type of divorce, the financial needs of each party, and the discretion of the court.
However, if children are involved, maintenance is more likely to be granted, as courts prioritise the welfare of minors. While amounts are determined on a case-by-case basis, recent studies show that awards are rising, though they may still fall short of living costs.
For alimony in Malaysia, it’s not automatically assumed that the wife gets 50% of the husband’s wealth after a divorce. The court will decide a fair amount while considering the several factors mentioned earlier.
If one spouse stops paying alimony, the other can appeal to the court for enforcement. Without any valid defense or reason, the following actions can be enacted by law:
- Bankruptcy proceedings
- Wage garnishment
- Freezing bank accounts
- Contempt of court actions
Yes, the fault of either spouse may influence the court’s decision. For example, proven adultery or unreasonable behavior by the paying spouse could result in a higher alimony award, while misconduct (such as adultery) by the spouse claiming alimony may reduce or even deny maintenance.
Settling financial matters is never easy, especially during a divorce, when spouses must protect their own interests while considering the well-being of any children involved. Although the alimony laws differ for Muslims and non-Muslims, the main factors in deciding alimony are quite similar.
If you’re looking for a legal expert to handle your alimony, contact our team now at Chambers of Koon. Our experienced professionals can provide you with personalized advice and customized legal solutions to best support you in your divorce case.
