In Malaysia, a growing crisis looms as countless women struggle with unpaid alimony and child support, despite having court orders in their favor. These women face not only their ex-spouses’ refusal to pay but also an uphill battle to secure the financial support legally owed to them and their children. The consequences extend far beyond monetary concerns, threatening the basic welfare of vulnerable families across the nation.
The Scale of the Problem
The magnitude of non-compliance with court-ordered alimony and child support has reached alarming proportions. While exact statistics remain elusive due to the private nature of these cases, leading advocacy organisations paint a troubling picture. Sisters in Islam (SIS) reports that 60% of their legal cases involve women unable to collect court-mandated alimony. Both the Women’s Aid Organisation (WAO) and the Legal Advisory & Women’s Aid Centre (LAWA) echo these concerns, confirming hundreds of similar cases through their support channels.
The impact is twofold: women face immediate financial hardship and must then bear additional legal costs to pursue payment enforcement. This creates a cruel paradox where those already struggling financially must invest more resources to secure what is rightfully theirs. The burden of enforcing court orders falls squarely on the shoulders of those least equipped to bear it.
Legal Framework and Its Limitations
While Malaysia’s Law Reform (Marriage and Divorce) Act 1976 guarantees women’s right to maintenance and alimony post-divorce, enforcement mechanisms remain weak. The current system requires women to initiate committal proceedings when payments lapse—a process both time-consuming and financially draining. The absence of an automated payment enforcement system leaves women to navigate complex legal channels alone.
Singapore’s Solution: The Ombudsman for Maintenance Orders
Malaysia could learn from Singapore, where the government has taken proactive steps to address this issue. In Singapore, an Ombudsman for Maintenance Orders stands under the Family Justice Courts. This body acts as an intermediary for women who face difficulties in enforcing court-ordered maintenance. Instead of needing to engage in costly legal battles themselves, women can seek assistance from the ombudsman, who takes on the responsibility of tracking and recovering unpaid alimony.
The Singaporean ombudsman can take various actions, including garnishing wages or freezing assets of the defaulting ex-spouse. This ensures that women receive the financial support they are entitled to without needing to shoulder the burden of legal enforcement themselves. Such a system is not only more efficient but also fairer to post-divorce, financially vulnerable women.
A Path Forward: Malaysia’s Ombudsman Proposal
Malaysia stands at a critical juncture where implementing an Ombudsman for Maintenance and Alimony Orders is not just desirable—it’s imperative. By establishing this body under the Ministry of Women’s Development, Malaysia can transform its approach to alimony enforcement and provide vital protection to women who are victims of non-compliance by their ex-spouses This body could be tasked with:
- Monitor compliance with maintenance orders systematically;
- Implement direct enforcement actions against defaulters;
- Provide accessible legal support to affected women; and
- Create a cost-effective mechanism for pursuing payments.
This initiative would shift enforcement responsibility from vulnerable individuals to a centralised authority equipped with proper legal powers and resources. The mere existence of such an office would serve as a deterrent to potential defaulters while offering hope to thousands of affected families.
Conclusion
Women in Malaysia should not have to fight legal battles to receive the financial support they are entitled to. By establishing an ombudsman model similar to Singapore’s, the Malaysian government would be offering a lifeline to thousands of women and children, ensuring that justice is not just ordered in court but carried out in practice. It’s time for Malaysia to take concrete steps to protect women’s financial security after divorce and provide them with the support they deserve.
