Answer: Yes, it can.
According to Article 63 and Article 78(1) of Federal Law No. 28 of 2005 on Personal Status (note: repealed as of 15 April 2025; replaced by Federal Decree-Law No. 41 of 2024), the obligation to provide maintenance for the wife and children lies with the husband/father within his actual financial capacity. Specifically:
- The amount of alimony must take into account the payer’s income, other family obligations, and expenses;
- The amount of alimony may be modified (increased or decreased) if circumstances change, but not earlier than one year after it was set, except in special cases (Article 64).
This issue was examined in Personal Status Appeal No. 1247 of 2024 (hearing dated 6 January 2025), where:
- The court of first instance rejected a claim for an increase in alimony, holding that the income and circumstances of the parties had not changed;
- The appellate court increased the alimony from AED 12,000 to AED 15,000, without considering the father’s debt burden, limited income, expenses for a second family, and medic...