Can I get maintenance while the divorce case is still going on?

A contested divorce can take many months. Meanwhile, rent, school fees and groceries still need to be paid. If one spouse earned most of the family income and has stopped contributing, the other may struggle long before the court decides the final orders. Interim maintenance fills that gap.

Can a wife get maintenance during the case?

Yes. Under section 77(1)(a) of the Law Reform (Marriage and Divorce) Act 1976 (LRA), the court may order a man to pay maintenance to his wife or former wife during the course of any matrimonial proceedings. The same section allows maintenance when or after a decree is granted.

Can a husband get maintenance?

In limited circumstances. Under section 77(2), the court may order a woman to pay maintenance to her husband or former husband where he is incapacitated, wholly or partially, from earning a livelihood by reason of mental or physical injury or ill-health, and it is reasonable having regard to her means.

What about the children?

Under section 93(1)(c), the court may order a man to pay maintenance for his child during the pendency of any matrimonial proceedings. It may also order a mother to pay or contribute where reasonable having regard to her means (s.93(2)). Payment can be directed to the parent with care and control of the child.

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How does the court decide the amount?

For spousal maintenance, section 78 directs the court to base its assessment primarily on the means and needs of the parties, regardless of the proportion it bears to income, while having regard to the degree of responsibility for the breakdown of the marriage that the court apportions to each party. At the interim stage, the court usually looks at:

• each party's income, payslips, tax returns, business records and bank statements;
• the reasonable monthly expenses of the household and the children;
• the standard of living before separation; and
• existing commitments, such as housing loans.

The court acts on affidavit evidence, so a clear, documented budget is important. Exaggerated figures harm credibility.

How is it enforced?

An interim maintenance order is a court order. If it is not paid, the recipient can apply to enforce it, and the Married Women and Children (Enforcement of Maintenance) Act 1968 provides further enforcement routes, such as attachment of earnings. See when an ex-spouse stops paying.

What should I do first?

1. Prepare a monthly budget with receipts and bills.
2. Gather evidence of the other spouse's income: payslips, EPF statements if available, business documents, or lifestyle evidence.
3. List the children's needs: school fees, transport, tuition, medical costs.
4. File the interim application in the divorce proceedings, with an affidavit.
5. Keep records of payments received once an order is made.

Example

After separating, a mother of two loses the household's main income when her husband stops paying the bills. Her divorce petition is pending. She applies for interim maintenance for herself and the children, attaching her budget, the school fee invoices and evidence of his salary. The court orders monthly payments until the final hearing.

Common mistakes

• Waiting for the final hearing before asking for support.
• Filing a budget without documents.
• Hiding one's own income, which the court will take into account if discovered.
• Treating informal transfers as a substitute for a court order.

When to speak to a lawyer

Speak to a lawyer as soon as financial support stops during separation, so an interim application can be made promptly. See our family and divorce page; you can also contact us.

Frequently asked questions

Will interim maintenance affect the final award?

Not automatically. The final order is decided on the full evidence and may differ from the interim amount.

Can I ask for school fees to be paid directly?

The court can frame orders to suit the case, including payments for specific expenses or directly to the person with care of the child.

What if my spouse says he has no income?

The court can look at evidence of lifestyle, assets and earning capacity, not only declared income.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Law Reform (Marriage and Divorce) Act 1976 (Act 164), including sections 83, 88, 93, 95 and 96, AGC Laws of Malaysia
2. Married Women and Children (Enforcement of Maintenance) Act 1968 (Act 356), AGC Laws of Malaysia
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026