What is Alimony in Nepal?
Alimony, also known as spousal support or maintenance, is the legal obligation of one spouse to provide financial assistance to the other after separation or divorce. It helps the lower-earning or economically dependent spouse maintain a similar standard of living as they had during the marriage. While child support is intended for the upbringing of children, alimony is solely for the ex-spouse.
In Nepal, the legal term commonly used for alimony is “खान लाउन खर्च भराई” or “Jiwanvritti”, and it is governed by Section 100 of the National Civil Code 2074 (2017).
How Does Alimony Work in Nepal?
After a divorce, the higher-earning spouse is often required to provide monetary support to the lower-earning spouse. This can be paid:
- As a monthly or annual allowance,
- In interim payments during divorce proceedings, or
- As a lump-sum settlement in one go.
The court determines the type and amount of alimony based on the couple’s financial conditions, length of the marriage, lifestyle, and other relevant factors.
What Law Governs Alimony in Nepal?
Alimony is governed by Section 100 of the National Civil Code, 2074 (2017). This section clearly states that:
- Either spouse can claim alimony during or after divorce.
- The receiving spouse must prove financial dependency or inability to support themselves.
- The paying spouse’s income, property, and financial obligations are considered.
Section 99(5) also allows for interim alimony while the divorce process is still ongoing.
Who is Entitled to Alimony in Nepal?
Alimony can be claimed by:
- Spouses (wives or husbands) who are financially dependent after a divorce.
- Children, up to age 18, or longer if they are enrolled in higher education and are financially dependent.
Nepali law is gender-neutral in terms of entitlement—both men and women can claim alimony if they meet the legal criteria.
Types of Alimony in Nepal
1. Lump-Sum Alimony (Permanent Alimony)
Paid in one go, this amount is calculated based on:
- The paying spouse’s property (including ancestral land and house),
- Income and earning capacity,
- Financial needs of the receiving spouse.
2. Interim Alimony (Temporary Alimony)
Granted during divorce proceedings when the process is prolonged and unresolved. The dependent spouse can apply for monthly support until the final decree is issued.
3. Monthly or Annual Alimony
After divorce, the court may order the paying spouse to make monthly or annual payments. This continues until:
- The receiving spouse remarries,
- A new legal arrangement is made,
- Or as specified in the court order.
How is the Alimony Amount Determined in Nepal?
There is no fixed formula in Nepal, but the court evaluates:
- Duration of the marriage
- Monthly and annual income of both spouses
- Value of ancestral and acquired property
- Health and age of both parties
- Educational background and employment capability
- Childcare responsibilities
- Standard of living during marriage
- Outstanding loans or debts
Each case is reviewed independently, and the court seeks a fair and equitable arrangement for both parties.
Process of Obtaining Alimony in Nepal
- File for Divorce in the district court.
- Request Alimony in the divorce application.
- Submit Financial Evidence, including income, expenses, and dependency.
- Court Hearing – both parties present their case.
- Court Decision on whether alimony is granted and in what form.
- Enforcement of alimony through court supervision.
You may also apply for temporary (interim) alimony during divorce litigation.
Can Alimony Be Modified in Nepal?
Yes, alimony orders can be changed. Either party can request a modification of alimony in the event of:
- Loss of job or significant change in income
- Health conditions affecting the ability to work
- Remarriage or improvement in financial status of the recipient
- Any other substantial change in circumstances
The court will assess the new situation and may reduce, increase, or terminate the alimony order.
Consequences of Failing to Pay Alimony in Nepal
Failure to pay alimony can lead to serious legal consequences such as:
- Salary garnishment
- Freezing of bank accounts
- Seizure of assets and property
- Court fines and penalties
- Contempt of court proceedings
- Imprisonment in extreme cases
Courts in Nepal enforce alimony seriously and can take strict measures to ensure compliance.
Factors Considered When Awarding Alimony in Nepal
- Financial condition of both spouses
- Property and assets owned
- Living standard during marriage
- Earning capacity and employment status
- Age and health conditions
- Responsibilities toward children
- Contribution to the marriage (e.g., homemaking, sacrificing career)
Can Men Receive Alimony in Nepal?
Yes. Alimony in Nepal is not gender-specific. If a husband is financially dependent and cannot support himself post-divorce, he can apply for alimony under the same legal provisions.
Can Alimony Be Awarded as a Lump Sum in Nepal?
Yes. In certain cases, the court may grant one-time lump-sum alimony, especially when:
- There is a mutual agreement,
- The paying spouse has sufficient wealth,
- The receiving spouse prefers a clean financial break.
However, it requires careful judicial assessment to ensure long-term fairness.
Frequently Asked Questions (FAQs)
How is alimony determined in Nepali divorces?
It is based on financial need, the paying spouse’s ability to pay, and duration of marriage.
Is alimony mandatory in all Nepali divorces?
No. It depends on the circumstances of each case and the court’s discretion.
Can men receive alimony in Nepal?
Yes. Men are entitled to alimony if they meet the legal requirements.
How long does alimony last in Nepal?
Alimony can be temporary or permanent, depending on court orders and whether the recipient remarries.
Can alimony be modified after divorce in Nepal?
Yes. It can be revised if there’s a substantial change in financial or personal circumstances.
What if a spouse refuses to pay alimony?
The court can enforce payment through legal means, including fines, salary deduction, or imprisonment.
Can alimony be claimed without divorce?
No. However, maintenance can be claimed without divorce under domestic separation due to conflict or violence.
Do courts consider domestic violence in alimony cases?
Yes. Victims of domestic violence are entitled to claim maintenance or alimony and may receive favorable consideration by the court.