Spousal Maintenance in Kuching

Spousal maintenance in Kuching

A wife or former wife can ask the court for maintenance during or after the divorce. A husband can claim from his wife only if illness or injury stops him from earning a living (section 77 of Act 164).

Maintenance is not automatic. The court looks at what you need and what your spouse can pay.

How the court decides

Under section 78, the court bases the amount mainly on each person’s means and needs. It also considers how much each of you was responsible for the marriage breaking down.

Maintenance can be paid in instalments or as a lump sum.

When it 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). Either of you can ask the court to change the order if circumstances change a lot (section 83).

Filing in Kuching

Maintenance applications from Kuching are heard at the High Court in Sabah and Sarawak at Kuching. Sarawak is in East Malaysia, where the High Court in Sabah and Sarawak has its own rules and court lists.

Keep records of your income, spending and your role during the marriage. They help the court reach a fair amount.

Read more

For the full national guide, see Spousal Maintenance. For filing details in Kuching, see civil divorce information for Kuching.

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