Family Expenses under the Personal Status Law

This principle refers to the necessity of achieving justice among all family members and ensuring their rights equally. This principle is reflected in the laws of divorce, custody, and maintenance, as these laws seek to protect the rights of vulnerable parties such as children and women. Protecting the rights of the child is considered one of the most important principles upon which family law is based. This includes the child’s right to care, education, maintenance, and protection from domestic violence. The best interests of the child are considered the priority in all decisions relating to custody and maintenance.

What is Maintenance?

It is a set of legal rules that regulate family relationships between individuals who are connected by ties of marriage, blood, or adoption.

Who Are Entitled to Maintenance?

1- The wife

2- The children

3- Needy relatives

Sources of Legislation

1- Islamic Sharia

The legislative sources governing family maintenance provisions under Islamic Sharia are based on the primary sources of Islamic legislation, from which the rules concerning the obligation to provide maintenance to the wife, children, and relatives are derived – the Companions and jurists unanimously agreed on the obligation of the husband to provide maintenance to his wife, the obligation of the father to provide maintenance to his poor minor children who have no property, and the obligation of financially capable descendants to provide maintenance to their poor ascendants.

2- Personal Status Law No. 1 of 2000

Article (76 bis):

If the person against whom judgment has been rendered refrains from enforcing the final judgment issued in claims for maintenance, wages, and the like, the judgment creditor may refer the matter to the court that issued the judgment or the court within whose jurisdiction enforcement is being carried out. Where it is established before the court that the judgment debtor is capable of paying the amount awarded and the court orders him to make payment but he fails to comply, the court shall sentence him to imprisonment for a period not exceeding thirty days.

If the judgment debtor pays the amount awarded or provides a guarantor accepted by the person in whose favor the judgment was issued, he shall be released, without prejudice to the right of the judgment creditor to enforce the judgment through the ordinary methods of enforcement.

Article (77):

In the event of competing debts, priority shall be given to the maintenance debt of the wife or divorced wife, followed by the maintenance of the children, then the maintenance of the parents, then the maintenance of relatives, and thereafter other debts.

3- According to the New Family Law Draft 2026

Article (47) of the draft law stipulates that marital movables include all items with which the marital home is furnished—such as furniture, bedding, and household utensils—upon the wife’s marriage to her husband. These movables are deemed the exclusive property of the wife, unless the parties expressly agree in writing at the time of concluding the marriage contract to the contrary.

The draft law further permits attaching a copy of the list of movables as an annex to the marriage contract, in order to establish evidence of the agreed household contents and movables between the parties.

Right of Recovery Even During Continuation of Marriage:

The draft law affirms the wife’s entitlement to request the recovery of her marital movables at any time, even while the marital relationship remains ongoing, without requiring divorce or separation.

It also grants the wife the right to claim the value of the movables if they are destroyed or cannot be recovered for reasons not attributable to her. The valuation shall be determined at the time of the claim, rather than at the time of purchase or delivery of the movables.

Cases of Forfeiture of the Right to Claim:

The draft law specifies the circumstances under which the wife’s right to claim the value of the movables is forfeited, namely when the household items perish due to a cause not attributable to the husband’s act or negligence, and where he bears no responsibility for the damage or loss. In such cases, his obligation to compensate shall be extinguished.

Spousal Maintenance for the Wife

First: The Wife’s Right to Maintenance

The right to maintenance is considered one of the most important rights granted to the wife under Egyptian Personal Status Law. Upon the conclusion of a valid marriage, the husband is obligated to provide full maintenance for the wife, which includes: food – clothing – housing – medical treatment.

If the husband refrains from paying maintenance, the wife has the right to file a legal action to obtain her legal entitlement. The court determines the amount of maintenance based on the husband’s income and the wife’s needs. Therefore, if you are suffering from the husband’s refusal to pay maintenance, you may contact a specialized law firm to ensure your right.

Second: The Wife’s Right to Custody

Egyptian law protects the wife’s right to custody of the children after divorce or separation. The law grants the wife the right to custody of the children until they reach a certain age: 12 years for boys – 15 years for girls.

If the husband requests the termination of the wife’s custody, certain conditions must be met, such as the wife’s marriage to another man. The husband is also obligated to pay child maintenance during the custody period, which includes all expenses relating to education, health, living expenses, and others.

Child Maintenance – The Father’s Obligation Towards the Children

If the minor has no property, his maintenance shall be borne by his father.

The maintenance of children by their father shall continue until the daughter marries or earns sufficient income to cover her maintenance, and until the son reaches the age of fifteen while being capable of earning suitable income. If he reaches such age while being unable to earn due to a physical or mental disability, due to pursuing education appropriate to his peers and abilities, or due to the unavailability of such earning opportunities, his maintenance shall continue to be borne by his father.

The father shall be obligated to maintain his children and provide housing for them according to his financial means and in a manner that ensures that the children live at a standard appropriate to their peers.

The children shall be entitled to maintenance from their father as of the date on which he refrains from maintaining them.

The divorced husband shall provide his minor children from his divorced wife and their custodian with suitable independent accommodation. If he fails to do so during the waiting period, they shall continue to occupy the rented marital residence, without the divorced husband, throughout the custody period.

If the marital residence is not rented, the divorced husband shall have the right to occupy it independently if he provides them with suitable independent accommodation after the expiry of the waiting period.

The judge shall give the custodian the choice between independently occupying the marital residence and having a suitable housing allowance assessed for her and the child.
If the custody period ends, the divorced husband shall have the right to return to the residence with his children if he was originally legally entitled to retain it.

The Public Prosecution may issue a decision regarding any disputes arising in relation to possession of the aforementioned marital residence until the court decides upon them.

Maintenance of Relatives – The Obligation Towards Kin

1- The order of those who are obligated to provide maintenance: a financially capable father must provide maintenance to his poor child, whether the child is male or female. In the absence or poverty of the father, the obligation shall fall upon the child’s paternal grandfather (the father’s father), and in his absence or insolvency, upon the father’s grandfather, and so on in the ascending line, taking into account the nearest relative first. Where a closer relative exists, the more remote relative shall not be obligated to provide maintenance.

2- It is required that the person claiming maintenance be indigent, even if capable of earning, and that the person from whom maintenance is claimed be financially capable.

3- Maintenance of relatives includes food, clothing, and housing, as well as an allowance for furnishings and bedding.

4- The law requires that maintenance of relatives be limited to the amount sufficient to meet the essential living needs of the person claiming maintenance.

5- If the father and mother are indigent and in need, the child, if financially capable and able, must provide maintenance to them, without distinction between whether the child is male or female. If there are several financially capable children, both males and females, they shall provide maintenance equally according to their number.

6- If the child is absent or indigent, the child’s descendants must provide maintenance to the needy grandparent, meaning the son of a son or the son of a daughter, and the daughter of a son or the daughter of a daughter, taking into account the nearest relative first.

7- The maintenance required from relatives shall be the amount sufficient for food, drink, clothing, housing, and all other customary needs, in an amount appropriate to their circumstances and social status.

Post-Divorce Maintenance:- Rights of the Divorced Wife

1- Maintenance During the Waiting Period

• This is the maintenance that the wife receives throughout the waiting period after divorce.
• Its duration is 3 months in most cases (the Sharia-prescribed waiting period).
• Its purpose is that the husband remains responsible for her expenses during this period even after separation.

2- Post-Divorce Compensation

• This is additional maintenance separate from maintenance during the waiting period.
• It is calculated on the basis of two years of the monthly maintenance that the wife used to receive before the divorce (or as determined by the court).
• Its purpose is to compensate the wife for the psychological and emotional effects of the divorce.

3- The Marital Residence

We then come to the marital residence, which is one of the fundamental rights if the wife has custody of the children. She has the right to continue residing in the marital residence or to receive an appropriate rent allowance.

The reason for this is to provide a stable environment for the children after separation.

However, the husband may attempt to recover the residence by providing an alternative, but the court places the interests of the children first.

4- The List of Marital Movables

Likewise, the list of marital movables is considered one of the wife’s fundamental rights and is unrelated to the form of divorce, whether by khul‘, divorce on grounds of harm, consensual divorce, or divorce in absentia.

In other words, it is a legal document evidencing her right to recover the household items that she brought or contributed upon marriage.

She may claim the return of such movables in kind or their monetary value if their recovery is not possible.

However, despite this, the wife may face difficulty in proving her ownership if the list does not exist.

For this reason, it is always advisable to have a lawyer specialized in family cases to claim these rights.

For more information on dealing with financial cases, refer to a lawyer specializing in misappropriation and embezzlement cases: legal expertise makes the difference.

5- Child Custody

Finally, custody is considered one of the most important and substantial rights of a woman after divorce. Initially, custody is granted to the mother until the child reaches the age of 15.

Thereafter, the child is given the choice between remaining with the mother or moving to the father, but the court always takes the best interests of the minor into consideration.

In addition, the father is obligated to pay child maintenance, which includes: Food, clothing, and housing – education – healthcare.

The Marital Residence Is a Fundamental Component of Maintenance

The general principle is that the husband is obligated, under Sharia and law, to provide suitable accommodation for his wife according to his circumstances and financial ability. Providing suitable accommodation is considered one of the components of maintenance and is not merely optional.

Suitability is one of the legal conditions for an obedience judgment, and among the most important criteria of suitability are:

• The residence must be independent and suitable for the circumstances of the spouses.
• It must contain the basic utilities necessary for habitation.
• It must be safe and secure for the wife.
• It must be appropriate to the husband’s financial and social circumstances and to the circumstances of the spouses.

The custody residence is a right of the minor and not a privilege granted to the divorced wife. At the same time, enabling the custodian to occupy the residence is, in practice, connected to her ability to care for the child in such residence. Accordingly, the custodian benefits from it in her capacity as custodian and not in her capacity as a divorced woman.

Investigations conducted by the competent investigation authority play a fundamental role in determining the husband’s financial means and capacity, particularly when examining his ability to provide suitable alternative accommodation for the custodian and the minor children. Such investigations reveal his level of income, financial condition, and indications of his financial means, thereby assisting the court in assessing whether the financial capacity necessary to fulfil this obligation exists, while such investigations remain subject to the court’s discretion in assessing them alongside all other elements of evidence.

The condition of the residence must be documented in the event of a dispute when the wife is granted possession of the residence from the husband, in order to ensure that no damage occurs.

Criteria for Determining Maintenance: How Is the Amount Determined?

Under Egyptian law, maintenance is not determined at a fixed amount applicable to everyone. Rather, it is assessed according to several factors, the most important of which are:

1. The husband’s income and financial capacity: his salary, businesses, sources of income, and the supporting documents proving the same.
2. The wife’s circumstances and customary standard of living.
3. The needs of the person entitled to maintenance, such as food, clothing, housing, and medical treatment, as applicable.
4. The number of persons entitled to maintenance and other financial obligations.
5. The economic circumstances and prevailing prices at the time maintenance is assessed.
6. The court may rely on investigations, documents, and evidence to determine whether the husband is financially capable or insolvent.

Accordingly, it is incorrect to state that maintenance is automatically calculated as a fixed percentage of the salary; rather, it is assessed according to the circumstances of each case and the evidence established before the court

Enforcement of Maintenance Judgments

With respect to the enforcement of maintenance judgments in Egypt, there are several methods depending on the nature of the judgment and the husband’s circumstances:

• Enforcement through the Family Court and the Enforcement Department; After the issuance of a final judgment or a judgment subject to immediate enforcement, enforcement procedures are undertaken to collect the amounts awarded.
• Attachment of the Husband’s Assets; Depending on the circumstances, attachment and enforcement measures may be taken against his assets or property that are subject to enforcement.
• Attachment of Salary or Wages; If the husband is an employee or has a fixed income, deductions may be made from his wages in accordance with the applicable legal rules.
• Nasser Social Bank; Where the prescribed conditions and procedures are satisfied, recourse may be made to Nasser Social Bank to obtain the maintenance awarded by judgment, with the Bank having recourse against the judgment debtor in accordance with the law.
• Enforcement Objections or Disputes; If there is a dispute concerning the amount due, prior payment, or enforcement procedures, an enforcement dispute may arise requiring examination of the payment documents and the judgment.

How Does Mohamed Nasser Law Firm Assist in Family Maintenance Cases?

Mohamed Nasser Law Firm assists its clients in handling family disputes through its experience in litigation and personal status cases, starting from reviewing the facts and documents and determining the client’s legal position, through to preparing legal defenses and memoranda and conducting proceedings before the competent judicial authorities.