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Does Maintenance Lapse Immediately After Divorce in Jordan?

What happens to maintenance immediately upon divorce in Jordan: general wife maintenance, ʿidda maintenance, and child support.

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

No, maintenance does not lapse immediately after divorce under Jordanian law; it continues in the form of ʿidda maintenance. Article 151 of the Personal Status Law makes maintenance of a woman in ʿidda owed by her husband, and Article 152 states that it continues throughout the ʿidda period and may extend with it, within the limits the law sets.

The duration of this maintenance is tied to the ʿidda period defined in Articles 145 and 147 — usually three menstrual cycles or three months for a non-pregnant woman, and until childbirth for a pregnant woman. A divorced woman remains entitled to maintenance and housing throughout her ʿidda, and her maintenance is not cut off merely by the divorce occurring.

Child support, by contrast, is unaffected by divorce: it remains owed by a father of means under Article 187 regardless of the marriage's dissolution, and is a right of the children that the parents cannot waive.

Assessing the amount and duration of ʿidda maintenance remains within the Sharia Court's competence on the facts of each case.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

What continues after divorce?
ʿIdda maintenance throughout the ʿidda, child support on the father, past-due maintenance as a debt, deferred dowry due upon divorce, and mutʿat al-talaq in arbitrary-divorce cases.
When does maintenance lapse immediately on divorce?
Exceptionally: in khulʿ that includes voiding it, the divorcée's marriage to another during ʿidda, the wife's express documented waiver, or pre-divorce subsisting nushūz.
What does the divorcée do to protect her rights?
Officially document the divorce date to start ʿidda count, file an ʿidda-maintenance case immediately, specify deferred dowry and trousseau, file a separate child-support case, and consult a lawyer.

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