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Spousal Maintenance Factors Guide Malaysia

Answer four quick questions to see which factors the court is likely to weigh on spousal maintenance. It shows factors, not an amount.

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Answer four quick questions. This shows which factors a court is likely to weigh on spousal maintenance in your situation. It does not give an amount.

How long did the marriage last?
Did one spouse cut back or stop work to look after the home or children?
Is the spouse who may need support unable to work fully (health, age or caring duties)?
Do you both already agree on spousal support?

Answer every question to continue.

How this works

How does the court decide the amount?

There is no automatic right to maintenance and no fixed formula. Under Section 78 of the Law Reform (Marriage and Divorce) Act 1976, the court looks mainly at the means and needs of both of you.

The court also considers how much each of you was responsible for the marriage breaking down.

What else affects the amount?

  • how long you were married
  • the age, health and earning power of the spouse asking for maintenance
  • career chances given up for the family
  • each person’s assets, income, debts and other dependants

How long does it last?

The court can set a fixed period. Otherwise, the order usually lasts until one of you dies.

It ends earlier under Section 82 if the receiving spouse remarries or lives in adultery with someone else. Under Section 83, either of you can ask the court to change the order.

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

Frequently asked questions

Who can claim spousal maintenance?
Under Section 77, the court can order a husband 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 illness or injury and she can afford it.
Is spousal maintenance the same as child maintenance?
No. Spousal maintenance is paid to the former spouse. Child maintenance is paid for the children. They are separate orders.
What happens if my ex-spouse remarries?
Under Section 82, the right to receive maintenance ends when the receiving spouse remarries or lives in adultery with someone else.

Related guides and tools

Spousal Maintenance After Divorce in Malaysia

Spousal maintenance in Malaysia under Act 164: who can claim, how the court decides the amount, how long it lasts and how to change or enforce an order.

Annulment of Marriage in Malaysia

Annulment of marriage in Malaysia under the LRA 1976: the grounds for a void or voidable marriage, how to apply, and what happens to your children.

Business Assets in a Malaysian Divorce

How business assets are divided in a Malaysian divorce under Section 76 of the LRA 1976: what counts, how a business is valued, and how to stop assets being hidden.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.

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