Money after divorce: maintenance, iddah, mut’ah, children and matrimonial property

Key points

Non-Muslims: the Law Reform (Marriage and Divorce) Act 1976 (Act 164) and the civil courts. Muslims: the Islamic family law of their state — this guide quotes the Federal Territories Act (Act 303); state enactments have similar rules under different section numbers.
Maintenance is assessed primarily on the means and needs of the parties (Act 164 s 78; Act 303 s 61).
A Muslim divorced wife’s right to court-ordered maintenance ends when her ‘iddah ends or if she is nusyuz (Act 303 s 65(1)); a non-Muslim former spouse’s ends on remarriage or living in adultery (Act 164 s 82(1)).
A Muslim woman divorced without just cause may also claim mut’ah, a consolatory gift (Act 303 s 56).
Child maintenance orders normally run to age 18, longer for further or higher education (Act 164 s 95; Act 303 s 79).
Unpaid maintenance is a debt, and in Peninsular Malaysia the court can order the payer’s employer to pay it straight out of salary (Act 794 ss 4–5).

Which law applies to you

Non-Muslims — the Law Reform (Marriage and Divorce) Act 1976 (Act 164) applies to all persons in Malaysia and persons domiciled in Malaysia but living abroad (s 3(1)). It does not apply to a Muslim or anyone married under Islamic law (s 3(3)), nor to natives of Sabah or Sarawak or aborigines of Peninsular Malaysia whose marriage and divorce are governed by native customary law or aboriginal custom, unless they chose to marry under the Act or married under the Christian Marriage Ordinance (Sabah) or the Church and Civil Marriage Ordinance (Sarawak) (s 3(4)).
Muslims — the Islamic Family Law (Federal Territories) Act 1984 (Act 303) applies to Muslims living in the Federal Territory and Muslims resident there who live outside it (s 4). Muslims in a state follow that state’s Islamic family law enactment, decided by the Syariah courts. The section numbers below are those of Act 303.
The Married Women and Children (Maintenance) Act 1950 (Act 263) lets a wife or child claim a monthly allowance from a husband or father who neglects or refuses to maintain them (s 3). It does not apply between Muslims where the state’s law provides for maintenance orders (s 13); the reprint notes that every Peninsular state and the Federal Territory has excluded Muslim-against-Muslim claims.
The Married Women and Children (Enforcement of Maintenance) Act 1968 (Act 794) — attachment of earnings — applies to Peninsular Malaysia (s 2). It covers orders under Act 263 s 3, maintenance for a wife or child under Act 164, and maintenance orders confirmed under Act 34; it covers a Syariah Court maintenance order only where applied by authorisation under s 14 (s 3, “maintenance order”).

Maintenance for a former spouse

	Non-Muslims (Act 164)	Muslims (Act 303)
Who can be ordered to pay	A man, to his wife or former wife: during matrimonial proceedings, on or after divorce or judicial separation (s 77(1)). A woman, to her husband or former husband who cannot earn a living because of mental or physical injury or ill-health, if reasonable given her means (s 77(2)).	A man, to his wife or former wife, subject to Hukum Syarak (s 59(1)).
How the amount is set	Primarily on the means and needs of the parties, regardless of the proportion it bears to income, having regard to each party’s share of responsibility for the breakdown (s 78).	Primarily on the means and needs of the parties, having regard to the proportion the maintenance bears to the payer’s income (s 61).
Losing the right	Ends on the recipient’s remarriage or living in adultery with another person (s 82(1)); under an agreement too, unless the agreement says otherwise (s 82(2)).	A divorced wife’s right to maintenance under a court order ends when the ‘iddah ends or if she is nusyuz (s 65(1)). A wife is not entitled to maintenance while nusyuz — for example withholding association, leaving the home against the husband’s will, or refusing to move with him, without a valid reason under Hukum Syarak — subject to Hukum Syarak and the Court’s confirmation (s 59(2)); she ceases to be nusyuz when she repents and obeys (s 59(3)).
How long an order lasts	Unsecured: until the death of either spouse; secured: until the death of the spouse it favours — unless a shorter period is set (s 81).	Until the death of the payer or the payee, whichever is earlier, unless a shorter period is set (s 64), and subject to s 65.
While the case is pending	Maintenance can be ordered during matrimonial proceedings (s 77(1)(a)).	Interim maintenance can be ordered against the husband to take effect at once, until the final order (s 70(1)).
Lump-sum settlement	An agreement to pay a capital sum for all future maintenance is effective only once the court approves it (s 80).	—
Security	The court may order the payer to secure maintenance by vesting property in trustees (s 79).	—

Maintenance payable under a court order cannot be assigned, transferred or seized for any debt (Act 164 s 85).

Muslim women: ‘iddah, mut’ah, mas kahwin and the home

Maintenance during ‘iddah. Court-ordered maintenance for a divorced wife ends when the ‘iddah ends (or if she is nusyuz) (s 65(1)).
Mut’ah (consolatory gift). In addition to maintenance, a woman divorced without just cause may apply for mut’ah; after hearing both parties and being satisfied that the divorce was without just cause, the Court may order the husband to pay a sum that is fair and just according to Hukum Syarak (s 56). The Act sets no fixed amount.
Mas kahwin and pemberian. The Act does not affect a woman’s right under Hukum Syarak to her mas kahwin and pemberian on divorce (s 57). A right to a pemberian under an agreement ends if she remarries (s 65(2)).
The home. A divorced woman may stay in the home she lived in while married for as long as the husband cannot get her other suitable accommodation (s 71(1)). The right ends when the ‘iddah expires, when the period of guardianship of the children expires, if she remarries, or if she is guilty of open lewdness (fahisyah); the husband may then apply for the home to be returned (s 71(2)).

Child maintenance

	Non-Muslims (Act 164)	Muslims (Act 303)
Whose duty	Each parent must maintain or contribute to the maintenance of the children, whoever has custody — accommodation, clothing, food and education reasonable for the parent’s means and station in life, or the cost of them (s 92).	The father must maintain his children — accommodation, clothing, food, medical attention and education reasonable for his means and station in life (s 72(1)). If the father is dead, cannot be found or cannot maintain them, the duty falls on the person liable under Hukum Syarak (s 72(2)).
When the court can order it	If the father refused or neglected to provide, deserted his wife with the child in her charge, during matrimonial proceedings, or when custody is given to someone else (s 93(1)); the mother can also be ordered to contribute if reasonable given her means (s 93(2)).	The same four situations, and also when the Court permits polygamy (s 73(1)); a person liable under Hukum Syarak can be ordered to contribute (s 73(2)).
Paid to	The person with custody or care and control of the child, or trustees (s 93(3)).	The person with custody or care and control, or a trustee (s 73(3)).
Until when	Age 18; if the child has a physical or mental disability or is in further or higher education or training, until the disability ends or the education or training is completed, whichever is later (s 95).	Age 18, but the Court may extend the order for further or higher education or training. The 18 limit does not apply to orders for an unmarried daughter, or a daughter or son who cannot maintain themselves because of mental or physical disability (s 79).
Changing the order	On the application of any interested person, if the order was based on misrepresentation or mistake of fact or there has been a material change in circumstances (s 96).	See s 75 (variation of orders for custody or maintenance).

Under Act 263, a court may order a father who neglects or refuses to maintain a legitimate or illegitimate child unable to maintain itself to pay a reasonable monthly allowance (s 3(1)–(2)), payable from the date of the neglect or a later date set in the order (s 3(3)).

Dividing property: matrimonial assets and harta sepencarian

	Non-Muslims (Act 164 s 76)	Muslims — harta sepencarian (Act 303 s 122)
When	When granting a decree of divorce or judicial separation (s 76(1)).	When permitting the pronouncement of talaq or making an order of divorce (s 122(1)).
What can be divided	Assets acquired during the marriage by joint efforts, or the proceeds of their sale (s 76(1)).	Assets acquired during the marriage by joint efforts (s 122(1)) and assets acquired by one party’s sole efforts (s 122(3)).
What the court looks at	Each party’s contributions in money, property or work towards acquiring the assets or paying family expenses; the other party’s contribution by looking after the home or caring for the family; debts contracted for their joint benefit; the needs of minor children; the length of the marriage (s 76(2)).	Joint-effort assets: contributions in money, property or labour, joint debts, and the needs of minor children (s 122(2)). Sole-effort assets: the other party’s contribution to the family’s welfare by looking after the home or caring for the family, and the needs of minor children (s 122(4)).
Starting point	The court inclines towards equal division (s 76(2)).	Joint-effort assets: inclines towards equal division (s 122(2)). Sole-effort assets: the party who acquired them receives the greater proportion (s 122(4)).
Assets owned before marriage	Count as acquired during the marriage if substantially improved during the marriage by the other party or by joint efforts (Act 164 s 76(5); Act 303 s 122(5)).

When maintenance is not paid

A debt. Arrears of unsecured maintenance are recoverable as a debt, provable in the payer’s bankruptcy and payable from the payer’s estate after death (Act 164 s 86(1); Act 303 s 69(1)); the same applies to child maintenance (Act 164 s 98; Act 303 s 77).
Three-year limit (non-Muslims). No maintenance can be recovered in a suit if it fell due more than three years before the suit was started (Act 164 s 86(3)). Do not let arrears build up.
Muslims — Syariah Court enforcement. For wilful failure to comply, the Court can have the amount levied as a fine is levied, or imprison the person — up to one month for each month’s payment unpaid where payment is monthly, and up to one year in other cases (Act 303 s 132).
Act 263 orders. For each breach the court may have the amount levied as a fine, or imprison the person for up to one month for each month’s allowance unpaid (Act 263 s 4).

Attachment of earnings: maintenance paid straight from salary

In Peninsular Malaysia (Act 794 s 2) the court may, on the application of the person to be maintained or their guardian, make an attachment of earnings order if it considers it just (s 4(1)). The application can be made in the maintenance proceedings themselves or later (s 4(2)).

The order is directed to the payer’s employer, who must pay the amount out of the payer’s earnings (s 5(1)). “Earnings” include salary, wages, fees, bonus, commission, overtime and pensions (s 3).
The court sets an amount it considers reasonable after taking into account the payer’s resources and needs and the needs of people the payer must support (s 5(2)).
The order comes into force seven days after a copy is served on the employer (s 5(4)), and names the officer who receives the payments (s 5(5)).
Once the order is made, other enforcement proceedings already begun are suspended (s 6(1)); either side can ask the court to vary or discharge it (s 6(2)).
The employer must comply and give the payer a written statement of each payment (s 7(1), (3)). Failing to comply, or giving a false notice or statement, is punishable by imprisonment up to one year or a fine up to RM1,000, or both (s 12(1)); an employer charged with not complying has a defence if it took all reasonable steps to comply (s 12(2)).
If the payer has no earnings (for example, is self-employed), the court can order the maintenance to be paid into court (s 13(1)); if it is not paid, the court can issue a warrant to attach and sell the payer’s property (s 13(4)) and, as a last resort, imprison the payer for up to one month for each failure (s 13(6)) — which does not cancel the debt (s 13(7)).

Changing an order later

An order for maintenance can be varied or rescinded at any time, on the application of either party, if it was based on a misrepresentation or mistake of fact, or if circumstances have materially changed (Act 164 s 83; Act 303 s 66). Under Act 263 the court may vary or rescind an allowance on proof of a change in circumstances or other good cause, and may take into account changes in the general cost of living (Act 263 s 6).

Laws cited on this page

Act 34	Maintenance Orders (Facilities for Enforcement) Act 1949 Akta Perintah Nafkah (Kemudahan bagi Penguatkuasaan) 1949	PDF · PDF (BM) · Official ↗
Act 164	Law Reform (Marriage and Divorce) Act 1976 Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 Our guide →	PDF · PDF (BM) · Official ↗
Act 263	Married Women and Children (Maintenance) Act 1950 Akta Perempuan Bersuami dan Anak-Anak (Nafkah) 1950 Our guide →	PDF · PDF (BM) · Official ↗
Act 303	Islamic Family Law (Federal Territory) Act 1984 Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 Our guide →	PDF · PDF (BM) · Official ↗
Act 794	Married Women and Children (Enforcement of Maintenance) Act 1968 Akta Perempuan Bersuami dan Anak-Anak (Penguatkuasaan Nafkah) 1968 Our guide →	PDF · PDF (BM) · Official ↗

Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →

Worked examples

Example 1: Salary deduction for a non-Muslim former wife

Facts. Mei Ling and David, both non-Muslims in Selangor, are divorced. The court ordered David to pay her monthly maintenance, but he often pays late. He is a salaried employee.

The law. The court can order a man to pay maintenance to his former wife (Act 164 s 77(1)), and she can apply for an attachment of earnings order in the same or later proceedings (Act 794 s 4).

Outcome. If the court makes the order, David’s employer must pay the set amount out of his earnings, starting seven days after a copy of the order is served on the employer (Act 794 s 5(1), (4)). Any arrears that fell due more than three years before she sues cannot be recovered (Act 164 s 86(3)).

Example 2: Talaq without just cause in Kuala Lumpur

Facts. Aisyah and Ali, Muslims living in Kuala Lumpur, are divorced when Ali pronounces talaq without any just cause. Aisyah has no income.

The law. Aisyah may apply for maintenance (Act 303 s 59(1)) and, because the divorce was without just cause, for mut’ah (s 56). Her right to court-ordered maintenance ends when her ‘iddah ends (s 65(1)). On the divorce the Court may also divide harta sepencarian (s 122).

Outcome. The Syariah Court may order maintenance for the ‘iddah period and, if satisfied the divorce was without just cause, a mut’ah sum that is fair and just according to Hukum Syarak (ss 56, 65(1)).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

When does the right to maintenance after divorce end?

For non-Muslims, a divorced person’s right to maintenance under a court order ends on remarriage or living in adultery with another person (Act 164 s 82(1)). For Muslims in the Federal Territories, a divorced wife’s right under a court order ends when her ‘iddah ends or if she is nusyuz (Act 303 s 65(1)).

How is the amount of maintenance worked out?

Both Acts start from the means and needs of the parties. Under Act 164 this is regardless of the proportion to income, with regard to responsibility for the breakdown (s 78); under Act 303 the Court has regard to the proportion the maintenance bears to the payer’s income (s 61). Neither Act sets a formula or fixed amount.

What is mut’ah, and how much is it?

Mut’ah is a consolatory gift for a Muslim woman divorced without just cause. The Court, once satisfied the divorce was without just cause, may order the husband to pay a sum that is fair and just according to Hukum Syarak (Act 303 s 56). The Act does not fix the amount.

Until what age must child maintenance be paid?

Normally to 18. Under Act 164 it continues while a child has a physical or mental disability or is in further or higher education or training (s 95). Under Act 303 the Court may extend it for further or higher education, and the 18 limit does not apply to orders for an unmarried daughter or a disabled child who cannot maintain themselves (s 79).

Can maintenance be deducted from my former spouse’s salary?

In Peninsular Malaysia, yes: the court can make an attachment of earnings order requiring the employer to pay maintenance out of the payer’s earnings (Act 794 ss 2, 4 and 5). It covers maintenance orders under Act 263 and Act 164, and Syariah Court orders only where the Act is applied to them by authorisation (s 3).

My former husband has not paid for two years. Can I still claim it all?

Arrears are a debt (Act 164 s 86(1); Act 303 s 69(1)). Under Act 164, no maintenance that fell due more than three years before a suit is started can be recovered (s 86(3)), so act promptly. For Muslims, the Syariah Court can also levy the amount or imprison a person who wilfully fails to pay (Act 303 s 132).

Is a house I owned before marriage safe from division?

Not always. Assets owned before marriage count as acquired during the marriage if the other spouse, or both together, substantially improved them during the marriage (Act 164 s 76(5); Act 303 s 122(5)).

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Family law: marriage, divorce, maintenance and custody Muslim family law and Islamic estate planning Married Women and Children (Maintenance) Act 1950 Married Women and Children (Enforcement of Maintenance) Act 1968 Law Reform (Marriage and Divorce) Act 1976 Islamic Family Law (Federal Territories) Act 1984 (Act 303)Enforcing a judgment