Proposed Policy Framework for Determining Alimony: From Expert Practice to National Legislation

Document Type : Original/ Research Article

Authors
1 Assistant Professor, Institute of Economics, Institute of Humanities and Cultural Studies.
2 PhD student in Family Law, Iranian Islamic Lifestyle Think Tank and Faculty, Islamic Revolution University of Tehran
3 Women and Family Studies, Family Law Department, Faculty and Institute of Iranian Islamic Lifestyle, Islamic Revolution University of Tehran
10.30497/flj.2026.250006.2301
Abstract
As one of the most significant institutions of family law, (maintenance) plays a pivotal role in securing the livelihood and economic support of family members. However, the Iranian legal system faces numerous structural challenges in determining the amount of maintenanceincluding a lack of transparent and objective criteria, protracted judicial proceedings, difficulties in ascertaining the husband's actual income, the absence of effective mechanisms to adjust maintenance in the face of inflation, and weak enforcement measures. These issues have created a significant gap between the legislator's intent and practical realities, preventing the maintenance system from effectively fulfilling its protective function. This study employs a descriptive analytical approach with the aim of proposing an integrated policy-making model that spans the stages from expert assessment to national legislation.The research method is based on a documentary study, content analysis of 30 judgments of the Tehran, Mashhad, and Shiraz Family Courts (1403 1400), a review of the practical systems of the judiciary (shares and Sana), and reference to official statistics from the Statistical Center of Iran and the Central Bank. The research findings show that the current system faces three fundamental structural gaps: a data gap (lack of access to real financial information and standard cost of living indicators), a normative gap (legal ambiguity and fragmentation of judicial practice), and a dynamic gap (inability to adapt to inflation and economic fluctuations). These gaps have acted in a chain and have caused heterogeneity of expert and judicial procedures, reduced predictability of rulings, and weakened the efficiency of the alimony support system.Highlighting its distinction from prior studies which primarily focused on jurisprudential or descriptive aspects the present research proposes an operational policy making model structured around four key pillars. Implementing this integrated policy model could reduce disputes and protracted litigation, restore
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Articles in Press, Accepted Manuscript
Available Online from 25 August 2026