Malaysia TOP 100 Divorce Frequently Asked Questions (FAQ)-PART 25

Question 65

🔹Under what circumstances can I claim maintenance?

🔸Maintenance can be claimed under the following circumstances:

📌During matrimonial proceedings and pending trial.

📌Upon the granting of a decree of divorce or judicial separation.

Question 66

🔹What can I do if I am unable to afford my living expenses while waiting for the trial of the divorce application?

🔸You can apply to the court for interim spouse maintenance.

Question 67

🔹If the maintenance is no longer sufficient to cover my living expenses after the divorce due to certain reasons, can I still apply to adjust the maintenance amount?

🔸Yes. The court still has the power to vary the maintenance arrangements made previously even after the divorce.

Question 68

🔹When the court makes arrangements for maintenance, are there any legal criteria that the court needs to consider?

🔸Before making maintenance arrangements, the court will first consider the circumstances and needs of both parties, including:

📌The duration of the marriage.

📌Whether there are children in the marriage.

📌The age of both spouses.

📌Whether one party was financially independent during the marriage.

📌The earning capacity of both parties.

📌Whether the divorce has an impact on the financial position of either party.