In Malaysian divorce proceedings, maintenance can be categorized into two types:
- Spouse Maintenance
- Child Maintenance
Law Reform (Marriage and Divorce) Act 1976, Section 77: Spousal Maintenance
The Malaysian court has the authority to order the husband to pay maintenance to the wife during the following stages:
- During the trial;
- After the court order.
The court also has the discretion to order the wife to pay maintenance to the husband in special circumstances, such as the husband being disabled or losing his ability to work.
Law Reform (Marriage and Divorce) Act 1976, Section 93: Child Maintenance
The court has the authority to order child maintenance during the trial process or after issuing the court order.
Determining the Amount of Maintenance
The court will make a decision based on the circumstances.
The primary principle is to allow the recipient to maintain a standard of living similar to that before the divorce. Factors considered include:
- Income of both parties;
- Standard of living before the divorce;
- Financial needs of the spouse and children;
- Reasons for the divorce.
Duration of Maintenance Payments
- Spouse Maintenance: Payments will continue until the spouse’s death or remarriage.
- Child Maintenance: Payments will continue until the child reaches 18 years of age or completes higher education. Special considerations are made for disabled children.
Consequences of Failing to Pay Maintenance
Either party can file a lawsuit (civil debt) against their ex-spouse for failing to pay maintenance. If the ex-spouse still does not comply with the court order, the following enforcement actions can be taken:
- Bankruptcy proceedings,
- Wage garnishment,
- Freezing bank accounts,
- Contempt of court actions.