This article will guide you through all the legal provisions regarding divorce alimony in Nepal.
Divorce Alimony in Nepal
Alimony is money that one spouse gives to the other when they get divorced or separated. If two people decide not to be married anymore, one of them might need some extra money to help with their living costs. This money helps them pay for things like food, a place to live, and other basic needs.
Alimony in Nepal is addressed under Article 100 of the National Civil Code 2017, referring to it as “Spousal Support.”
How Alimony is Decided in Nepal?
In Nepal, there’s no strict rule that says exactly how much alimony should be. Instead, judges look at a few things to decide. They are:
Property of Husband
Judges consider stuff like family land or houses that have been passed down through generations.
Income of Husband
This includes checking out how much money he has in the bank and how much he earns regularly from his job or business.
Debt of Husband
If the husband has borrowed money or has debts, the judge will also take that into account. So, based on these points, the judge tries to come up with a fair amount of alimony.
Types of Alimony in Nepal
Lump – Sum Alimony
Here, the wife gets one big payment, which is based on what the husband owns and how much he earns every year. This is great for those who don’t want to take a part of the property but want a lot of support money all at once.
Interim or Temporary Alimony
Sometimes, getting a divorce takes a long time, during this waiting time, the wife can ask for some money every month to help her out. This is like getting a small allowance while waiting for everything to be settled.
Monthly or Annual Alimony
This is like getting a regular allowance after the divorce is done. The wife gets a certain amount either every month or every year. How much and how often depends on how much the husband earns and what the wife feels is best. But, if the wife gets married again, these payments stop.
Who Can Get Alimony in Nepal?
Children (Child Support)
Children from separated parents can get alimony, this support is given until they turn 18. But, if they go on to college or some other higher education and don’t have enough money, they can still get this help.
Ex-Spouses
If two people were married and then decided to part ways, one of them might need some financial help. So, if one person can show in court that they really need this money to get by after the separation, they can get alimony.
Alimony is a way to make sure that even after a family breaks apart, everyone has some financial support to help them move forward.
Maintenance and Alimony
In Nepal, “Maintenance” is the financial support a husband provides to his wife, especially if they’re separated but still married. This might be needed during tough times, like disputes or domestic violence.
The National Civil Code, 2017 (Article 100), says if a wife needs money for daily needs or health, she can seek maintenance. If he can’t fulfill this, the wife can approach the local municipality for assistance.
Alimony is financial help given after a divorce, it ensures the wife receives support once the marriage officially ends. In Nepal, distinction maintenance is supported during marriage, and alimony begins after divorce, providing the wife with continued assistance.
Conditions for Alimony in Nepal
Living Apart
If a couple isn’t living together due to issues like domestic violence, the wife can ask for “maintenance” money since she might rely on the husband’s income.
Hurtful Behavior
If the husband harms the wife physically or emotionally, she can report it and live separately. During this time, she can seek maintenance.
Division of Property
The wife can ask for a monthly allowance based on the husband’s earnings until things are settled.
Conclusion
In Nepal, when a marriage ends, it’s more than just two people deciding to part ways. It’s about making sure everyone, especially the wife and kids, will be financially okay.
There’s no set rule for how much money someone should get as alimony after a divorce. Instead, judges look at different things, like what the husband owns, how much he makes, and any money he owes.
Then, they decide on a fair amount, which can be given all at once or little by little. Divorce alimony in Nepal is a part of the divorce process under certain circumstances.
For any queries relating to Divorce Alimony in Nepal, you can contact/WhatsApp at +977 9862944100.
