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What Is Husband's Insolvency in Maintenance and How Is It Proven in Jordan?

Proving the husband's insolvency in maintenance in Jordan, its effect on the obligation, and the entitled party's rights to wait or seek separation.

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

A husband's insolvency in maintenance under Jordanian law is his actual inability to maintain his wife or children, and the law addresses its effect without extinguishing maintenance altogether. In principle, maintenance is assessed according to the husband's means, whether comfortable or constrained, under Article 64 of the Personal Status Law, so he is not burdened beyond capacity.

Article 66 provides that if the husband is unable to maintain his wife, the judge permits her to incur debt on his account or to spend from her own funds and recover from him, so the maintenance remains a debt owed by him even if it cannot be paid at once. For child support, Article 193 addresses a father's insolvency by obliging a solvent mother to pay, recovering from the father when able, and Article 194 addresses the insolvency of both parents.

Insolvency may therefore lead to deferring maintenance or treating it as a debt, not to extinguishing it, so as to preserve the entitled person's right.

Assessing whether insolvency is established and its effect remains within the Sharia Court's competence on the facts and evidence.

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

How is insolvency judicially proven?
By unemployment certificate from Social Security, no-property certificate from the Land Department, witness testimony, social reports, medical reports in incapacity cases, and a bank statement showing no balance.
Can the wife seek divorce for insolvency?
Yes — by proving the husband's continued insolvency, his inability to provide basic maintenance, a reasonable period elapsed, filing a divorce-for-insolvency case, and hearing of evidence. The ruling preserves rights.
How does the wife uncover feigned insolvency?
By tracking the husband's lifestyle, evidence of secret income via witnesses and contracts, formal banking inquiries, summoning witnesses to commercial activity, and engaging a financial expert.

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Need legal help with alimony matters? Learn about an alimony lawyer in Jordan or book a consultation with Dr. Nadia Asaad.