How Do Courts Decide Spousal Maintenance in Malaysia?

What is spousal maintenance?

Spousal maintenance is money one spouse may be ordered to pay the other after divorce. It is not a punishment or a reward. Its aim is to let both of you meet your reasonable needs after the marriage ends.

Under the Law Reform (Marriage and Divorce) Act 1976, Section 77 lets the court order a man to pay maintenance to his wife or former wife. A wife can be ordered to pay her husband only if he cannot earn a living because of injury or ill health.

What does Section 78 say?

Section 78 tells the court to base the amount mainly on the means and needs of both spouses. It does not have to follow a fixed share of the payer’s income.

The court must also consider how far each spouse was responsible for the breakdown of the marriage.

Within that, courts look at the practical points below. No single one decides the case.

The wife’s needs

The court looks at her needs now and in future: housing, food, clothing, transport and medical costs. Health problems or limited job prospects make these needs weigh more.

If she is the main carer of the children, she may be less able to earn. Courts treat this as a fair reason for continued support.

The husband’s ability to pay

His income, assets, other commitments and likely future earnings are central. An order must be realistic, or it cannot be enforced.

Under Section 78, the court bases maintenance mainly on the means and needs of both parties. The court balances her needs against his means.

Standard of living during the marriage

Courts commonly look at how the family lived before the marriage broke down. A spouse who lived comfortably should not be pushed into hardship after divorce.

This is not a promise of the same lifestyle forever. Running two homes costs more than one. But the old standard of living is a useful guide.

Length of the marriage

A long marriage usually strengthens a claim. The spouse who depended on the other may have given up a career or studies to support the family.

After a short marriage, the court may order maintenance for a limited time, so the spouse can become financially independent. It asks whether returning to work is realistic.

Homemaking and childcare

Contributions are not only about money. Running the home, raising children and supporting the other spouse’s career all count.

These often explain why one spouse earns much less at the time of divorce. Courts take this into account so that a spouse who put the family first is not penalised.

Conduct

Besides the Act’s rule on responsibility for the breakdown, the court may look at conduct such as wasting money, hiding assets or refusing to look for work. Claims of misconduct need evidence, and money matters usually weigh more than blame.

How to prepare

Gather payslips, bank statements, tax returns and proof of your monthly spending. Note what you did for the family, in money and otherwise. A family lawyer can then check that your claim covers every relevant point.

Looking to engage a divorce lawyer? If you are unsure what your maintenance claim should include, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.