In a divorce, financial arrangements can be just as critical as custody or property division. For non-Muslim couples in Malaysia, the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) provides the legal framework for maintenance, which refers to financial support paid by one spouse to another and/or to the children after divorce.

What Is Maintenance After Divorce in Malaysia?

Maintenance is the legal obligation of one party to provide financial support to the other party (usually the former wife) and/or children following a divorce. It is meant to ensure that the dependent spouse or children can maintain a reasonable standard of living, especially if they relied on the other party financially during the marriage.

There are two types of maintenance:

• Spousal maintenance (usually for the wife)
• Child maintenance (for children under the care of one parent)

SPOUSAL MAINTENANCE

Who Can Claim?

Under Section 77 of the LRA 1976, a woman who has been divorced may apply to the court for maintenance. While the law technically allows for the possibility of a husband claiming maintenance, it is generally limited to situations where the husband is incapacitated or unable to support himself.

Factors the Court Will Consider for Maintenance After Divorce in Malaysia

The court will decide the amount of the maintenance by assessing the means and needs of both parties, taking into account:

• The income and earning capacity of both spouses
• The standard of living enjoyed during the marriage
• The duration of the marriage
• Age and health of the parties
• Contributions made by the wife to the family
• Whether the wife has custody of any children

Maintenance Ceases Upon Remarriage

According to Section 82 of the LRA 1976, a person ceases to be entitled to maintenance if he or she remarries or living in adultery with any other person, unless the agreement otherwise provides. However, any unpaid arrears of maintenance remain recoverable even after remarriage.

Duration and Termination of Maintenance After Divorce in Malaysia

Unless the court orders a shorter duration or the order is later rescinded, and subject to Section 82 of the LRA 1976, a maintenance order will typically expire upon the death of either party. Specifically, if the maintenance is unsecured, it ends on the death of either the husband or the wife whichever occurs first. However, if the maintenance is secured, it will only expire upon the death of the recipient spouse.

CHILD MAINTENANCE

Who Pays?

Under Section 92 of the LRA 1976, both parents are legally responsible for maintaining their children, regardless of who has custody. The parent not living with the child is usually required to pay monthly maintenance to the custodial parent.

The court may order a father to pay maintenance for the benefit of his child in several circumstances:

• If he has refused or neglected to provide reasonable support
• If he has deserted his wife, and the child is under her care
• During ongoing divorce proceedings
• When the child is placed in the custody of another person

Until What Age?

Maintenance is typically payable until the child reaches 18 years of age, but may be extended:

• If the child is pursuing further education or training
• If the child is mentally or physically disabled and unable to support themselves

What Expenses Are Covered?

Child maintenance usually covers:

• Accommodation
• Food  
• Clothing
• Education costs
• Healthcare and medical expenses
• Other necessary living costs

Maintenance in a non-Muslim divorce in Malaysia is about fairness and responsibility. The law seeks to protect financially weaker spouses and ensure that children are properly supported after the breakdown of a marriage. If you’re unsure about your rights or obligations, reach out to us for professional legal guidance today.