Divorce Alimony Law in Nepal – Latest Legal Provisions (2081)

Divorce Alimony Law in Nepal : A Legal Guide

Introduction

Alimony, also known as spousal support, holds significant importance in offering financial aid to individuals following divorce or separation. In Nepal, Article 100 of the National Civil Code 2017 outlines the legal framework governing alimony.

This article aims to explore the divorce alimony law in Nepal, explaining how courts decide on alimony, the different types of alimony, and the criteria used by courts to assess alimony payments.

Divorce Alimony Law in Nepal

In Nepal, alimony, also known as spousal support, entails providing financial aid to individuals to fulfill their essential survival and maintenance requirements. This assistance covers various expenses such as housing, clothing, education, and healthcare. Section 100 of the Civil Code 2074 BS governs alimony, offering provisions for both lump-sum and periodic alimony payments.

Types of Divorce Alimony in Nepal

In Nepal, there are different types of alimony available to individuals seeking financial support after divorce:

Lump-Sum Alimony

This involves a one-time payment of alimony, often calculated based on the husband’s property share and annual income. Lump-sum alimony is suitable for individuals who prefer to receive a significant amount of support upfront rather than in smaller installments.

Interim or Temporary Alimony

 In cases where the divorce process is prolonged, interim alimony allows the recipient to receive monthly payments until the finalization of the divorce. These payments serve as a temporary allowance to meet immediate financial needs during the divorce proceedings.

Monthly or Annual Alimony

 After the divorce is finalized, the court may order the payment of monthly or annual alimony based on the husband’s earnings and the recipient’s preferences. This type of alimony continues until the recipient remarries.

Criteria for Determining Alimony

 When evaluating alimony payments, Nepalese courts consider various factors to determine a fair and just amount. These factors include:

1. The husband’s ancestral property, such as land or houses.
2. The husband’s share in ancestral property.
3. The husband’s bank balance and annual income.
4. Any outstanding loans or debts.
5. The financial needs of the recipient spouse.

Differences in Alimony and Maintenance

Maintenance and alimony are distinct yet interconnected concepts in marital law. In Nepal, maintenance, governed by Article 100 of the National Civil Code, requires the paying spouse to support the recipient spouse’s daily living expenses. This provision allows either spouse to seek assistance from the municipality if they cannot meet these obligations.

 Alimony, often used interchangeably with maintenance, involves financial support claimed by the recipient spouse post-divorce to sustain their standard of living. Alimony, known as spousal support or maintenance, ensures financial aid to the spouse in need after divorce.

Regardless of terminology, both maintenance and alimony guarantee equitable financial settlements between spouses, safeguarding the recipient’s well-being.

Eligibility for Alimony

Alimony is granted to children and ex-spouses in Nepal under specific circumstances. Children of separated or divorced parents are entitled to alimony until they reach the age of majority, which is typically 18 years old. If they pursue further education and lack financial resources, alimony may continue to support their studies.

For ex-spouses or partners, alimony is awarded based on the demonstrated need for financial support to ensure their survival. This determination is made by the respective court, considering factors such as income, living expenses, and other relevant circumstances.

Conclusion

In conclusion, divorce alimony law in Nepal is important for providing necessary financial assistance to individuals facing separation or divorce. Governed by Article 100 of the National Civil Code 2017, this legal framework covers various forms of support, including lump-sum, interim, and periodic payments.

Nepalese courts carefully consider factors such as property ownership, income, and financial needs to ensure fair alimony arrangements. With eligibility extending to children and ex-spouses, alimony acts as a fundamental support system, ensuring the well-being and financial security of those affected by marital breakdowns.

Also read Divorce process in Nepal