Spousal Maintenance in Malaysia: Who Can Claim It?

Maintenance is regular money one spouse pays the other after separation or divorce. For someone who stopped working during the marriage, it can make the move to life after divorce much steadier.

What the Act says

The Law Reform (Marriage and Divorce) Act 1976 deals with spousal maintenance mainly in Sections 77 and 78.

• Section 77(1): the court can order a man to pay maintenance to his wife or former wife.
• Section 77(2): the court can order a woman to pay maintenance to her husband or former husband, but only if he cannot earn a living because of mental or physical injury or ill health, and it is reasonable given her means.
• Section 78: sets out how the court decides the amount.

Who can claim?

A wife can ask for maintenance during the divorce case or after the divorce. The claim is usually made together with other matters such as custody and property.

A husband can claim only in the narrow situation in Section 77(2).

Being able to claim does not mean you will get an order. A wife with a good income of her own may get a smaller amount, or none.

How the court decides the amount

Under Section 78, the court bases the amount mainly on the means and needs of both spouses. It does not follow a fixed share of the payer’s income.

The court also considers how far each spouse was responsible for the marriage breaking down.

In practice, courts also look at:

• each spouse’s income and ability to earn
• the standard of living during the marriage
• age, health and any disability
• how long the marriage lasted
• what each spouse did for the family

The court looks at these points in detail. The aim is reasonable provision, not an exact copy of your old lifestyle.

What counts as reasonable needs?

There is no fixed formula. The court starts with your reasonable needs and weighs them against what your spouse can afford.

Needs include housing, food, health care, transport and other daily costs. The court may also consider the cost of training or study to help you return to work.

Your spouse’s other duties, such as supporting the children, are also taken into account.

Fixed-term or ongoing?

The court can order maintenance for a fixed period. This gives you time to become self-supporting, and is common where the claimant is young enough to return to work.

Where you cannot support yourself because of age, health or other reasons, the court may order maintenance with no end date.

If circumstances change

Under Section 83, the court can change or cancel a maintenance order. This may happen if the payer’s income falls sharply, or if the person receiving it starts earning well.

Support your application with evidence, such as bank statements, payslips or medical reports.

When maintenance ends

• The right to maintenance under a court order ends if the person receiving it remarries or lives in adultery with someone else (Section 82).
• Unsecured maintenance ends on the death of either spouse. Secured maintenance ends on the death of the person receiving it (Section 81).
• A fixed-term order ends when the period runs out.

What to do next

Gather proof of your own needs and your spouse’s ability to pay: payslips, tax returns, bank statements and household spending records. A family lawyer can then advise on what to ask for.

Looking to engage a divorce lawyer? If you are unsure whether you qualify for maintenance, or how much to ask for, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.