Understanding Alimony in Nepal: Your Complete Legal Guide to Spousal Maintenance

Alimony in Nepal: Complete Guide to Divorce and Spousal Maintenance

Alimony, also known as spousal maintenance or support, is a financial allowance that one spouse may be required to pay to the other after separation or divorce. In Nepal, alimony plays a crucial role in ensuring financial stability, especially for the economically weaker party after a marriage ends. This guide explores the legal framework, types, filing procedures, and frequently asked questions about alimony in Nepal

Understanding Alimony

Alimony, also referred to as spousal support or spousal maintenance, refers to court-ordered financial support paid by one spouse to the other during or after divorce or separation. It aims to balance any unfair economic effects resulting from the divorce.

Legal Framework for Alimony in Nepal

The Muluki Civil Code, 2074 (2017), governs alimony law in Nepal. According to this law:

The financially dependent spouse is entitled to financial support post-divorce.
Courts consider the spouse's income, health, age, ability to work, standard of living, and length of the marriage.
Alimony can be temporary or permanent, based on the circumstances.

Relevant Sections:

Chapter on Divorce and Maintenance section (100)
Chapter on Property Rights and Marital Assets

Types of Alimony

1. Temporary Alimony

Awarded during ongoing divorce proceedings to support the dependent spouse.

2. Permanent Alimony

Granted after the final divorce settlement based on long-term needs.

3. Rehabilitative Alimony

Temporary support intended to help the recipient become self-sufficient through education or training.

4. Lump Sum Alimony

A one-time payment instead of monthly payments.

Eligibility Criteria

To claim alimony, the spouse must prove:

Financial dependence on the other spouse.
Inability to maintain the same standard of living after divorce.
Contribution to the marriage, including unpaid work or support.

Filing for Alimony in Nepal

To file for alimony:

Hire an experienced alimony lawyer near you.
Submit an application to the District Court.
Provide evidence of income, property, marriage length, and dependence.

Important Tip: Mutual divorce settlements should clearly state the alimony agreement.

Prenuptial Agreements and Alimony

A prenuptial agreement (prenup) can influence alimony decisions. If the prenup waives or sets limits on alimony, the court may honor it unless found unfair.

Alimony for Husbands and Wives

In Nepal, both men and women may claim alimony depending on financial status. Courts assess both parties equally.

Examples:

Alimony for husband
Alimony for working wife

Alimony After Divorce

Alimony isn’t limited to the divorce process. One can file for alimony years after divorce if financial need is proven.

Gray Divorce Alimony

For divorces after long marriages (e.g., 30+ years), courts often grant permanent alimony due to age and limited income capacity.

Example: Divorce after 30 years of marriage alimony

Alimony and Infidelity

Infidelity may impact alimony awards depending on the circumstances and evidence. It can sometimes reduce or increase the amount depending on harm caused.

Military Divorce and Alimony

Military personnel in Nepal are not exempt from paying alimony. Special conditions apply in case of pensions and benefits.

Alimony Without Divorce

Spousal maintenance can sometimes be awarded during separation or in special cases even without formal divorce.

Avoiding or Modifying Alimony

Alimony can be modified upon change in circumstances, such as job loss or remarriage. Avoiding alimony through fraud or manipulation can have legal consequences.