
Can a Divorced Wife Continue Living in the Marital Home? UAE Personal Status Law Clarifies Rights During Iddah
The Law defines housing rights during Iddah and sets conditions for accommodating multiple wives in the same building.
A divorced woman in the UAE may continue staying in the marital home during her Iddah period under specific circumstances, according to the country’s new Personal Status Law. The legislation also sets out the husband’s financial responsibilities during this period and clarifies the legal conditions under which a husband with more than one wife may provide accommodation in the same building.
Under Article 101 of the Federal Decree-Law No. 41 of 2024 on the Personal Status Law, a woman undergoing Iddah following a revocable divorce is legally entitled to maintenance and residence during the waiting period. The law further states that a pregnant woman divorced through an irrevocable divorce is also entitled to maintenance until childbirth.
The provision explains that maintenance is not mandatory for a woman in Iddah after an irrevocable divorce if she is not pregnant. However, the law expressly grants a woman in the waiting period the right to continue residing in the marital home until the Iddah concludes, unless the residence is considered unsuitable. In such situations, she must instead be provided with suitable accommodation.
The law reinforces the principle that housing during the waiting period is part of the husband’s legal obligations in applicable divorce cases, particularly where the divorce remains revocable or where pregnancy exists. The aim is to ensure stability and protection for the woman during the legally prescribed waiting period following separation.
The new law also addresses the issue of accommodation involving multiple wives. Article 105 states that a husband may have more than one wife residing in the same building, provided that the accommodation is suitable and each wife enjoys near-complete independence in all aspects of housing.
The legislation specifies that each wife must have adequate privacy, including separate sanitary and service facilities, along with independent entrances and exits wherever possible. The court also retains the authority to impose additional conditions if a wife claims harm or inadequate living arrangements.
This means a husband cannot compel multiple wives to share the same residential space in a manner that compromises privacy or dignity. Shared accommodation arrangements must satisfy the legal standards of independence and suitability laid down under the UAE’s updated Personal Status framework.
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