Fasakh when your husband stops paying nafkah
Your husband has not supported you for months, and you wonder if that alone can end the marriage.
Can I get fasakh if my husband stopped paying nafkah?
Yes. Failure to maintain you for three months is one of the recognised fasakh grounds.[1] It is a ground to end the marriage, not only a claim for money.
This matters because many wives think a missed-nafkah problem only means a money claim. In fact, it can also be the reason the marriage itself is dissolved.
What counts as failure to maintain?
Failure to maintain means your husband did not provide the food, shelter, and daily needs a wife is entitled to. This must last a real stretch of time, commonly read as around three months.[1]
It is about a pattern, not one missed month. The court wants to see that the gap was genuine and lasted long enough to matter.
A single late payment, or a short disagreement over money, is unlikely to meet this ground on its own. A sustained silence on support is different.
How is this different from a nafkah iddah or tunggakan nafkah claim?
This is the key distinction many wives miss. Failure to maintain, as a fasakh ground, asks the court to end the marriage because of the husband’s failure.
Tunggakan nafkah is a separate claim to recover money he already owed you during the marriage, treated as a debt he must pay.
Nafkah iddah is different again. It is maintenance for the iddah period after a divorce is granted, not a reason to grant the divorce itself.
You are not choosing one over the other. A wife with a genuine gap in support often has grounds for fasakh and a right to claim the arrears separately.
What evidence proves a genuine gap in support?
Evidence shows the court that the gap was real, not a brief rough patch. Bring what you already have rather than waiting for something more complete.
- Bank statements showing no transfers from your husband over the period.
- Messages or calls where you asked for support and he refused or ignored you.
- Receipts or records of expenses you covered alone during that time.
- A witness, such as a family member, who saw the household’s situation.
Keep a simple dated list alongside these documents. A clear timeline helps the court see the pattern quickly.
What should I do if the gap is still going on?
If your husband is still not supporting you, start keeping records now rather than waiting for the case to feel complete. Every month you document strengthens your position.
You can also raise an interim maintenance request while your fasakh case proceeds, so you are not left without support during the process.
How does this fit into the wider fasakh process?
Once you have a clear period of failure to maintain, you file your fasakh application. You then attend a Sulh session, and present your evidence at a hearing if no settlement is reached.
The court then decides based on the ground and your documentation. A well-organised timeline of missed support makes this ground easier for the court to follow.
If your circumstances also touch on your husband’s whereabouts or safety concerns, a broader look at fasakh grounds may help you see the full picture before you file.
Describing your dates and documents to a Peguam Syarie is a practical next step, since they can flag gaps in your evidence before you go to court.
Common questions
Does the three months need to be continuous?
The ground looks at a genuine period where your husband failed to provide maintenance. Courts look at your evidence and timeline, so keep a clear record of when support stopped and whether it resumed at any point.
Can I claim fasakh and unpaid nafkah at the same time?
Yes. Fasakh on this ground ends the marriage, while a tunggakan nafkah claim recovers the money owed. Many wives raise both, since the same evidence often supports each claim.
What if my husband gave a small amount occasionally?
Occasional or token amounts do not automatically defeat this ground. The court looks at whether the support was reasonable and regular, so bring your full record of what was and was not paid.
Do I need a lawyer to prove this ground?
You may file yourself, but this ground turns on evidence and dates. A Peguam Syarie can help you organise bank statements and messages into a clear timeline for the court.
If your husband has gone quiet on support for months, tell us the dates and what you have kept, and we will help you see your clearest next step.
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