Expenses due to the wife after divorce
Expenses due to the wife after divorce
What are the expenses due to the wife after divorce? This is one of the most common questions that occupies the mind of any woman. In this article, we will answer this question.
After the marital relationship ends in divorce, the wife is entitled to specific expenses as stipulated by the Qatari Family Law. She has the right to claim these expenses, and the claims can be made in two forms:
Claiming expenses in the divorce lawsuit filed by the wife: In this scenario, the wife files for divorce according to legal procedures, and she has the right to claim all expenses related to the divorce.
Filing a separate lawsuit for expenses only, without divorce: This occurs when the husband divorces the wife by exercising his legal and religious right, and if he does not grant the wife all her legitimate rights at the time of divorce, she has the right to file a lawsuit for expenses.
What are the expenses due to the wife after divorce?
- Iddah (waiting period) maintenance
- Compensation (Mut’ah) maintenance
Iddah Maintenance:
This refers to the financial support provided to the divorced wife for her basic needs such as food, clothing, shelter, and other necessities during the waiting period (Iddah). According to Article 70 of the Qatari Family Law, all divorced women are entitled to this maintenance during the Iddah period or in cases of marriage annulment. However, the law exempts cases where the annulment is caused by the wife’s actions. For pregnant women observing Iddah, the maintenance continues until the child is born. The right to Iddah maintenance lapses for a revocably divorced wife if she leaves the marital home before the waiting period ends.
Compensation (Mut’ah) Maintenance:
This is a sum of money given to the wife after divorce as compensation for the emotional and social damage she suffered due to the divorce. Article 115 of the Qatari Family Law outlines the conditions for entitlement to Mut’ah maintenance, which include the divorce being initiated by the husband. However, it excludes cases where the divorce is due to the husband’s inability to financially support the wife, in which case she is not entitled to Mut’ah maintenance.
As for determining the amount of Mut’ah maintenance, the Qatari legislator has specified that it depends on the husband’s financial capacity, ensuring that the husband is not in a state of financial hardship. The wife’s situation is also considered, as the purpose of Mut’ah maintenance is to compensate and emotionally support the divorced wife. The law mandates that the Mut’ah maintenance should not exceed the equivalent of three years of spousal maintenance.
Questions regarding the amount of Mut’ah maintenance?
Determining the amount of maintenance is within the judge’s jurisdiction. Several factors are considered when estimating the maintenance, including the husband’s financial capability, which is assessed based on his monthly salary and financial status, as evidenced by documents presented by both parties to the court. Based on these documents, the court determines the husband’s financial capacity.
The court also considers the wife’s condition, the length of the marriage, and the extent of the damage she suffered due to the divorce. Mut’ah maintenance is essentially compensation for the harm caused by the separation and the end of the marital relationship.
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