When is a wife entitled, and when does her maintenance end?
A husband must maintain his wife even if she has her own means, under Article 44. Article 51 bases the entitlement on a valid marriage contract where the wife makes herself available to her husband in fact or by operation of law, subject to Article 43.
Article 52 protects the accrued right: a wife's maintenance right is extinguished only by payment or release. Article 55 separately addresses loss of entitlement where a wife withholds herself from her husband or, without a lawful excuse, refuses to move to the marital home, stay there overnight or travel with him.
If a husband refuses to provide maintenance or it cannot be collected from him, Article 107 allows the wife to ask the court to annul the marriage contract. See our guide to marriage annulment in Saudi Arabia.
Is a divorced woman or a widow entitled to maintenance?
Article 53 distinguishes between two forms of divorce:
Revocable divorce: maintenance is due during the iddah until it ends.
Irrevocable divorce: maintenance during iddah is due only if the woman is pregnant, and then until delivery.
A woman observing iddah after her husband's death receives maintenance only if she is pregnant. It is then paid from the unborn child's wealth until delivery, or from that child's heir if there is no such wealth. Article 54 also gives her the right to remain in the marital home during iddah.
Khula results in an irrevocable separation, so the rule for an irrevocably divorced woman applies to maintenance during iddah. Article 100 also prevents khula compensation from waiving a child's rights or custody. Read Khula in Saudi law for its conditions and procedure.
Child maintenance after divorce and when it ends
A father alone must maintain a child who has no means if the father is financially able or capable of earning. Under Article 58, a son is maintained until he reaches the point at which his peers can earn, and a daughter until she marries. The statute uses this functional test rather than one fixed age for every case.
If a financially able father does not pay, or is absent and has no assets from which the child can be maintained, a financially able mother must pay. If she cannot, the person responsible in the father's absence pays. The amount paid becomes a debt owed by the father if the person paying intended recourse at the time. Article 59 bars a recourse claim covering maintenance more than one year before the claim was filed.
On the father's death, loss or insolvency, maintenance passes to the child's financially able relatives who inherit from the child, in proportion to their inheritance shares, subject to Article 59. Article 61 also requires the father to pay a breastfeeding fee for a young child during the first two years where the mother cannot breastfeed or is no longer his wife; that fee counts as maintenance.
For rules on the child's residence and daily care, see Child custody after divorce in Saudi Arabia.
Maintenance for parents and relatives, and the order of priority
Parents who are not financially able are entitled to all or a top-up of their maintenance from their financially able children, whether adults or minors, in proportion to the children's inheritance shares. Article 62 applies even if the parents are capable of earning. Article 64 also requires financially able heirs to maintain an entitled person who cannot earn, in proportion to their inheritance shares.
Where several people are entitled and the payer cannot maintain them all, Article 65 gives priority to the wife, then children, then parents, and then relatives in order of closeness.
How is maintenance assessed, and why is there no fixed amount?
Article 46 names the assessment standard: the recipient's circumstances and the payer's means. The court examines the facts, documents and evidence presented by the parties. A correct amount cannot be derived for every family from the payer's salary alone or from the number of children alone.
Any published figure or percentage is not a statutory amount. This applies to a wife's maintenance and child maintenance after divorce alike. The judicial answer to “how much?” depends on the individual case, not a general table in the law.
Is there an official Ministry of Justice nafaqa calculator?
The Ministry of Justice previously announced an electronic nafaqa calculator project intended to speed up decisions and help judges calculate maintenance electronically. The announcement describes a judicial aid, not a public service that gives a person a binding estimate after entering their details.
The verified official route for a claim is the Statement of Claim service on Najiz, followed by the court's assessment. The Ministry's electronic services directory provides access to published services.
Increasing or reducing maintenance
Article 48 permits an increase or reduction when circumstances change, while retaining the Article 46 standard. A claim is not heard before one year has passed from the original maintenance judgment, except in exceptional circumstances assessed by the court.
Any increase or reduction runs from the date of the new judgment. A person seeking modification should identify the changed circumstances and provide supporting evidence, whether requesting an increase or a reduction.
Past maintenance and temporary maintenance during a case
Ongoing maintenance for a wife, children and parents becomes due from the date the claim is filed and is a priority debt. Past maintenance is treated like other debts under Article 49. Different rules govern earlier periods:
A wife's claim is not heard for a period more than two years before filing, under Article 52.
Recourse against the father is not heard for maintenance more than one year before filing, subject to the payer's intention to seek recourse when paying, under Article 59.
A relative's maintenance lapses with time unless someone other than the responsible person paid with an intention to seek recourse. That recourse claim is limited to 180 days before filing under Article 66.
While considering a claim for ongoing maintenance, the court may, where appropriate, award temporary maintenance to the entitled person at their request and without the other party attending. Article 50 distinguishes this interim award from the final determination of the case.
How do you claim maintenance through Najiz?
The Statement of Claim service accepts claims for personal-status courts and other court types. The official steps are:
Sign in to Najiz with your National Single Sign-On account.
Select “All E-Services.”
Choose the “Judiciary” package.
Open “Statement of Claim.”
Select “Submit New Request.”
Enter the claim classification and review its requirements.
Enter the claim and party details.
Attach the required documents.
Submit the request.
Prepare the marriage contract or divorce document as relevant, proof of the children's identities, and available records of needs and the payer's income. Follow the requirements displayed for your particular claim classification. Najiz states that no court visit is needed for submission unless you receive a text message asking you to attend.
What happens if the person ordered to pay does not comply?
Once an enforceable maintenance instrument exists, an enforcement request can be submitted through Najiz. Article 38 of the 1447H Enforcement Law provides that personal-status instruments are enforced by the methods prescribed in the law and its regulations, with the regulations setting procedures for periodic payments.
The Najiz services directory lists “Submit Enforcement Request” for personal-status instruments and “Enforce Deduction” for the decisions needed to enforce future maintenance. Keep the judgment, request details and records of payments received or overdue. For more on the new law, read our guide to Saudi Arabia's Enforcement Law 1447.
Related articles: Saudi Enforcement Court · Divorce procedures and registration.
Frequently asked questions
How much is one child's maintenance after divorce?
The law sets no fixed amount. The court considers the child's circumstances and the payer's means under Article 46, then assesses maintenance on the facts and evidence in the case.
When does child maintenance end?
A son is maintained until he reaches the point at which his peers can earn, and a daughter until she marries under Article 58. The underlying entitlement also depends on the child having no means and the father's ability or capacity to earn.
Is a divorced woman entitled to maintenance?
A woman in iddah after a revocable divorce receives maintenance until the iddah ends. After an irrevocable divorce, maintenance during iddah is due only during pregnancy and until delivery under Article 53.
Can past years of maintenance be claimed?
It depends on the claimant and the type of claim. A wife's claim is not heard for more than two years before filing. Recourse against a father or a relative's responsible payer has different time limits and conditions.
Can temporary maintenance be awarded before the final judgment?
Yes. While hearing a claim for ongoing maintenance, the court may award temporary maintenance at the entitled person's request, without the other party attending, where appropriate under Article 50.
Can a calculator determine the maintenance due?
The official announcement describes a calculator project to assist judges. It does not replace the court's assessment. The official route for determining a claim is to file through Najiz.
When can an increase or reduction be requested?
When circumstances change. A claim is generally not heard within one year of the maintenance judgment, except in exceptional circumstances assessed by the court. The modification runs from the new judgment.
What should I do if the person ordered to pay defaults?
Submit an enforcement request through Najiz. The “Enforce Deduction” service also covers requests for decisions needed to enforce future maintenance, subject to the Enforcement Law and its regulations.
Need help with a maintenance claim, enforcement or modification?
The appropriate route depends on the claimant, the family relationship, the documents and whether a judgment already exists. Our licensed lawyers review the circumstances and help prepare the appropriate claim, in person or remotely across Saudi Arabia. Read about our family and personal-status law services.
Send your case details confidentially for review
Official sources: Personal Status Law — Bureau of Experts · Enforcement Law 1447H — Bureau of Experts · Statement of Claim — Najiz · E-Services — Najiz
Note: This article provides general information about Saudi law and is not legal advice for a specific case. Maintenance and the outcome of any claim depend on the facts, documents and the competent court's assessment.
