Division of Matrimonial Assets upon Divorce in Malaysia - How do I claim alimony after a divorce?

After a divorce, can you still claim the living expenses you previously received? Can you get a lump-sum payment? Is an inherited house subject to division?

Here is a clear explanation of post-divorce maintenance and asset division in Malaysia 👇

1️⃣ Can I still claim the living expenses I received before the divorce?

✅ Yes.

The key factor isn’t whether the parties are divorced, but rather whether the payments were long-standing and intended to maintain the established standard of living.

If there are bank transfer records as evidence, the court will usually give them serious consideration.

2️⃣ Can I receive the payment as a lump sum?

✅ Yes, you can apply for a lump-sum maintenance payment.

The court will consider various factors: age, earning capacity, the other party’s financial means, and future living needs.

Approval depends entirely on the specific circumstances of the case.

3️⃣ Can I maintain a high-spending lifestyle after the divorce?

You can make such a request, but the court will distinguish between necessities and luxuries.

Recommendation: Request a total lump-sum figure for living expenses rather than itemizing every small detail.

4️⃣ Is an inherited house subject to division?

General rule: Assets acquired solely through inheritance or gift are not automatically classified as matrimonial assets.

However, if both parties lived there and were involved in managing renovations, it may be considered a matrimonial asset.

The focus is on “actual contribution,” not just legal title.

5️⃣ How are cars, drivers, and company shares divided?

**Asset | Handling Method**
**Daily commuter car** | May be awarded
**Luxury sports car** | Generally not considered a necessity
**Driver** | Can request that expenses cover salary and social security contributions
**Company shares** | May be converted into a cash settlement

6️⃣ Can the EPF (Employees Provident Fund) be divided?

✅ Yes, but with conditions.

Only the portion accumulated between the marriage and the separation/divorce is calculated, and it is not necessarily a 50/50 split.

The court seeks “balance” rather than favoring just one party.

7️⃣ Can I still fly business class or travel after the divorce?

You can make such a request, but the court usually awards a fixed annual sum for the party to manage independently, rather than approving expenses on a case-by-case basis.

8️⃣ What if the other party fails to comply with the court order?

Legal action can be taken, including contempt of court proceedings.

A court order is not a “suggestion”; it is a legal mandate that must be obeyed.

**A Final Reminder**

Divorce is never merely a matter of emotions; it involves finances, evidence, strategy, and timing.

The earlier you understand the situation and prepare, the more options you will have.

Evidence matters more than emotion; professional judgment matters more than impulse.

⚠️ Disclaimer: This content provides general information on Malaysian law and is for reference purposes only.