Case Law

  • Plaintiff (husband) applied to vary the terms for arrears of maintenance.
  • The court scrutinised sections 86 and 98 of the LRA and commented that those sections are provisions that relate to applications for arrears of maintenance
  • Section 83 of the LRA relates to the power of court to vary any subsisting orders for maintenance of a spouse.
  • Section 96 of the LRA on the other hand, relates to the power of court to vary orders for custody or maintenance of a child.
  • As such, the court held that there is no provision in the LRA that confers power on a court to vary the terms for arrears of maintenance.

EPF is a matrimonial asset

  • It has been established on case authority that EPF is a matrimonial asset (See: [1997] 3 MLJ 133; [1997] 1 MLJ 109).
  • It is settled law that orders for division of matrimonial assets made pursuant to section 76 of the LRA cannot be varied.


You need a court order or a written agreement to claim outstanding maintenance

  • Section 86(1) of the LRA expressly provides that in order for the petitioner to claim for maintenance in arrears, there must be an existing court order to compel the respondent to pay maintenance to the petitioner or alternatively there must be an agreement between the parties that the respondent to pay monthly maintenance to the petitioner.


Source: [2014] 1 LNS 621

Source: The Law Reform (Marriage and Divorce) Act 1976 (Commentary and Cases), Sweet & Maxwell.






*加入 我们的“法律与你同行”FB 群组:

*Like 我们的“法律与你同行” FB Page:


*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们为无数的平民百姓免费解除了各类的法律困扰。

*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。



We have more than 15 years of experience in the legal profession. Our law firm handles matters such as commercial disputes,family law,civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.

#马来西亚华人律师 #巴生律师 #吧生律师 #Klang Lawyer #KL律师 #吉隆坡律师 #KL Lawyer #懂华文的律师


Family Law: Can Ex-Husband Vary the Terms for Arrears of Maintenance?