The Spousal Maintenance Law in Bahrain provides in several of its provisions that a wife and children are entitled to maintenance. It also treats the wife’s maintenance as a preferential debt that does not lapse. These rules help address disputes that may arise between spouses regarding maintenance, its amount, and entitlement to it.
To make the position clearer, this article explains some of the main rules governing maintenance under Bahraini law.
Are you wondering what criteria the courts use to assess spousal maintenance and concerned that you may receive less than you are entitled to because you are unfamiliar with the legal details? Understanding the law is the first step toward protecting your rights.
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Spousal Maintenance Law in Bahrain
Under the provisions governing a wife’s maintenance in Bahrain’s Family Law, a wife is entitled to maintenance from her husband from the date of a valid marriage contract, even if she is financially well-off, provided that she has made herself available to him, whether actually or legally. Her maintenance does not lapse because of the husband’s inability or financial hardship, and it takes priority over other debts.
The judge may also, on an urgent basis and at the wife’s request, order temporary maintenance for her and the children. The court may further order that she be allowed to return to the marital home if she has been removed from it.
If the wife asks to set off maintenance owed to her against a debt she owes her husband, her request may be accepted even without his consent.
However, if the husband asks to set off his wife’s maintenance against a debt owed to him by her, his request will not be accepted unless she is financially able and capable of paying the debt from her own funds.
How Is Spousal Maintenance Calculated?
Maintenance in Bahrain is assessed according to the husband’s financial position, whether he is financially comfortable or has limited means. At the same time, the amount should be sufficient to meet the family’s reasonable needs.
The amount may vary depending on the living circumstances of each family. Living costs may differ between areas and according to the family’s standard of living. In all cases, maintenance should include:
- Food, drink, and housing expenses. The law requires the husband to provide suitable accommodation containing the basic requirements of daily life. Article 58 provides that the husband must prepare a suitable, private, and properly equipped home for his wife in line with his financial circumstances.
- Clothing expenses. Clothing should generally be provided twice a year, and additional clothing should be provided where the amount supplied is insufficient.
- Medical and treatment expenses where such care is required.
Wife’s Maintenance as a Percentage of the Husband’s Income
The amount of maintenance payable from the husband’s salary is assessed according to several factors, including:
- The husband’s monthly income, which is one of the main factors considered when determining the amount of maintenance.
- The total number of people entitled to maintenance.
- The standard of living of those entitled to maintenance.
Based on these factors, maintenance may in some cases be estimated at around 25% of the husband’s salary, and the amount may increase where children are also entitled to maintenance.
The actual amount depends on the number of dependants and the husband’s financial position. If he is financially well-off, he may be required to cover the expenses reasonably needed by the children. If he is experiencing financial hardship, he remains responsible for meeting their essential needs, provided that the maintenance does not fall below the minimum required to cover necessary living expenses.
Frequently Asked Questions
Related questions include:
When Does a Wife Lose Her Right to Maintenance?
Under Article 54, a wife may lose her right to maintenance if she refuses to move to the marital home or leaves it without a lawful excuse. The same may apply if she prevents her husband from entering the marital home without a lawful reason. Her entitlement to maintenance ceases once this is established by a court judgment.
When Is a Wife Entitled to Maintenance in Bahrain?
A wife is entitled to maintenance in Bahrain under a valid marriage contract, even if she is financially well-off, provided that she has made herself available to her husband, whether actually or legally. This is provided for under Article 49 of the Bahraini Family Law.
This concludes our article on the Spousal Maintenance Law in Bahrain, in which we explained some of the main provisions of Bahrain’s Family Law concerning a wife’s entitlement to maintenance and how spousal maintenance may be calculated.
You may also read: Maintenance Lawyer in Bahrain for further details.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
