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When Does Wife Maintenance Lapse in Jordanian Law?

Cases when the wife's maintenance is forfeited under Jordanian law: nushūz, refusal to move to the lawful residence, and divorce after the ʿidda.

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 wife's maintenance lapses under Jordanian law in specific situations, chief among them nushūz. Article 62 of the Personal Status Law provides that a recalcitrant wife (nāshiz) has no maintenance; the nāshiz is one who leaves the marital home without a lawful reason, or who bars her husband from entering before requesting a move to another residence.

Article 61 explains that a wife's going out to work without its conditions being met — such as the work being lawful and the husband consenting expressly or by implication — may affect her entitlement to maintenance. Article 60 addresses the effect of a wife's unjustified refusal to move to the marital home.

In principle, the loss of maintenance through nushūz is confined to the nushūz period only; once its cause is removed, maintenance resumes, and nushūz does not forfeit the wife's other rights such as the dowry. Nushūz is not established by the husband's claim alone but by a court ruling.

Assessing whether nushūz exists and whether the wife's conduct was lawful 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

What does NOT void maintenance?
Wife's wealth, her work with husband's consent, religious difference after a valid contract, her illness or disability, infertility, and ordinary disagreement between spouses.
How is the lapse judicially established?
The husband files a nushūz or maintenance-voidance case, submits evidence (witnesses, correspondence, reports), the court hears the wife and her defense, then issues a ruling.
Does a wife in nushūz regain maintenance after returning?
Yes — return to the marital home ends nushūz immediately, and maintenance resumes from the return date. A new maintenance case can be filed when the lapse cause is removed.

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