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Spousal Support

Safeguarding your financial security

At Piya Law Chambers, we understand that financial security is one of the biggest concerns after separation or divorce.

Spousal support—also known as maintenance or alimony—exists to ensure that one spouse is not left financially disadvantaged after the breakdown of a marriage.

Our approach is both strategic and compassionate, helping you understand your rights while ensuring your emotional and financial well-being are protected.

What is Spousal Support

Spousal support is a financial contribution made by one spouse to the other after separation or divorce.
It can be:

  • Wife Maintenance (under Section 77 of the Law Reform (Marriage and Divorce) Act 1976)

  • Husband Maintenance (in limited situations, if the husband is incapacitated or unable to maintain himself)

The amount and duration are not automatic — the Court looks at fairness, need, and ability to pay before making any order.

When Is Spousal Support Granted?

The Court considers several factors, including:

  • Length of the marriage

  • Each spouse’s income, earning capacity, and financial resources

  • Standard of living during the marriage

  • Age and health of each spouse

  • Conduct of the parties (in certain situations)

The goal is not to punish or reward, but to achieve financial fairness.

Types of Spousal Support
  1. Interim Maintenance
    Ordered while divorce proceedings are ongoing, ensuring the dependent spouse can sustain themselves during the process.

  2. Post-Divorce Maintenance
    Granted after the divorce is finalized, either for a fixed period or indefinitely depending on circumstances.

  3. Lump Sum Maintenance
    A one-off payment instead of monthly support, often chosen for financial independence and closure.

Why choose Piya Law Chambers

We help you:

  • Assess your entitlement or obligation for spousal support.

  • Prepare evidence to justify or dispute claims of maintenance.

  • Negotiate fair terms through settlement or mediation.

  • Represent you in court for interim or long-term maintenance orders.

Our aim is to ensure that your financial future remains secure while prioritizing your dignity and peace of mind.

Next Steps

Whether you’re seeking maintenance or defending against a claim, let’s discuss your options.
Our trauma-informed approach ensures that you feel heard, supported, and empowered throughout the process.

📞 Book your consultation today — and let’s plan your next step with confidence.

FAQ
  • There’s no fixed formula. The Court looks at the lifestyle during marriage, financial need, and each party’s means and earning capacity before determining an amount.

  • Yes — though rare, a husband can claim maintenance if he is unable to support himself due to illness or incapacity.

  • It depends on the order made. It may continue until the receiving spouse remarries, becomes financially independent, or the Court varies the order.

  • You can file an enforcement application. The Court may order garnishment, property seizure, or other enforcement actions.

  • Yes. If there’s a significant change in financial circumstances (e.g., job loss, illness), either party can apply to increase, reduce, or cancel the maintenance order.

  • Yes. Being employed doesn’t automatically disqualify you. The Court will assess your income, lifestyle, needs as well as your husband’s means. 

  • No. However, if your husband is unable to work due to health issues or incapacity, and you have the financial means, the Court may order you to provide maintenance. 

  • In Malaysia, the Court may consider adultery as a factor when deciding spousal support, but it is not automatically disqualifying. The primary consideration is still financial need and fairness. If adultery contributed to the breakdown of the marriage, the Court might reduce or deny maintenance in certain circumstances.

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