Elderly parents in UAE can legally claim monthly maintenance from employed children
A 70-year-old Dubai resident asks whether he can sue his son for financial support. Legal experts confirm parents have the right to claim maintenance from solvent children under UAE's Personal Status Law.
Elderly parents in UAE can legally claim monthly maintenance from employed children
A 70-year-old man in Dubai has asked whether he can legally compel his employed son to provide him with monthly financial support, highlighting an important provision in UAE family law that protects elderly parents who cannot support themselves.
The man, who has one son and two daughters, said he is no longer able to work and receives no financial assistance from his son despite the latter earning a substantial salary in Dubai.
Legal right to maintenance
Under Federal Decree-Law No. 41 of 2024 On the Issuance of the Personal Status Law, which came into force on April 15, 2025, replacing the previous law from 2005, parents have a clear legal right to claim maintenance from their children.
Article 107 of the law states that the maintenance of parents falls upon their solvent child, whether male or female, adult or underaged, if the parents do not have property to spend from. If the parents' property is insufficient for their maintenance, solvent children are obligated to provide what fulfills it.
The man is legally entitled to file a case in Dubai courts against his son to oblige him to pay monthly maintenance. Courts will assess the evidence and determine the extent of the son's obligation, taking into consideration the father's necessities and basic needs including food, clothing, housing and medical treatment.
How courts assess maintenance
When estimating maintenance amounts, courts consider the extent of wellbeing of the person providing support, the condition of the person receiving it, and the economic situation at the time and place. Recent Dubai Court rulings have emphasized that courts look beyond salary certificates to assess actual lifestyle and visible signs of wealth, rejecting claims of insolvency when a provider's lifestyle suggests otherwise.
The law recognizes that maintenance is a living obligation that adjusts with economic realities. Courts acknowledge that inflation and rising costs of living require periodic review of maintenance figures to ensure adequacy.
Article 109 provides an alternative arrangement: if a child's earnings do not exceed his own needs and those of his wife and children, he must include his parents who are entitled to maintenance in his household.
Distribution among multiple children
According to Article 108, when multiple children exist, parents' maintenance is distributed among them in accordance with the solvency of each one. This means the obligation does not fall solely on one child if others are also financially capable.
The legal framework reflects broader demographic trends in the UAE. While the country maintains a youthful population with an average age of 33 years, the proportion over 65 is growing steadily due to increasing longevity. The elderly population aged 65 and over constitutes approximately 1.92 percent of the total population, totaling around 0.24 million people as of 2026.
The retirement age in the UAE is 60 years for both UAE nationals and most expatriates, with Emiratis entitled to pension benefits if they have completed 15 years of service contributions. This context helps explain why elderly parents like the 70-year-old questioner may require financial support from their children.
Broader protections for parents
Beyond civil maintenance provisions, Federal Decree-Law No. 41 of 2024 includes criminal penalties for certain family offenses, demonstrating the legal system's comprehensive approach to parent protection. The law establishes imprisonment and fines of AED 5,000 to AED 100,000 for publicly or digitally insulting a parent.
The UAE also provides various support services for senior citizens, including elderly care centers under the Ministry of Community Development, discounts on public transport for those over 60, and free parking for Emiratis above 60 who are disabled.
Legal experts confirm that the maintenance provisions in UAE law create enforceable obligations on children to support their parents financially when needed, ensuring elderly parents have recourse through the court system when family support breaks down.
