1. What is alimony in Nepal?
Alimony is not a Nepali term but it is a Latin term alimonia. Article 100 of the National Civil Code 2017 provides for provisions relating to the payment of allowances during the divorce proceedings. Alimony is also referred to as “The spousal support.”
It is a payment made to a spouse in the course of a divorce. Payment can be made in the form of a lump-sum, or it may be paid in regular installments.
2. How is the court going to award alimony in Nepal?
When the spouse submits a divorce application to the court, he or she shall, after calculating the total value of the entire house and the land of his or her husband, father-in-law and mother-in-law, obtain the property from the share of the husband.
Article 100 of the National Civil Code 2017 allows the spouse to claim allowances on a monthly or annual basis instead of claiming the property. The court shall award the financial support in the following types:
Award of Final Spousal Support
If the district court in question determines the final payments for the spouse instead of the ancestral property, then when calculating the final spousal support, the property of the paying spouse and the income of the receiving spouse are also taken into account.
Order for interim relief
The divorce process may take a long time. If there is no consent between the parties during the divorce proceedings. The process may exceed for one year. Since the divorce case may take a longer period of time before the final divorce order, the beneficiary spouse may apply for a monthly payment. Divorce proceedings may take a long time. Where there is no consent between the parties during the divorce proceedings. The process may be more than one year. Since the divorce case may take longer time before the final divorce order is issued, the beneficiary spouse may apply for a monthly payment.
Alimony on an annual and monthly basis
Article 100 of the National Civil Code 2017 provides for provisions relating to the award of benefits to the beneficiary spouse on a monthly and annual basis following the final divorce order. The receiving spouse is entitled to a monthly and annual allowance until the receiving spouse has entered into another marital status. The court shall calculate the total amount of property, including the land which the paying spouse owns, in order to determine the amount of support to be paid on a monthly or annual basis.
Differences between maintenance and alimony
Maintenance is a common legal term used by the Nepali community. The paying spouse (husband) must provide basic maintenance support to the recipient spouse (wife). Article 100 of the National Civil Code, 2017, provides that if the paying spouse (husband) and the receiving spouse (wife) are unable to meet and provide for a maintenance or medical amount, they shall be granted in accordance with the law.
In the event that the paying spouse (husband) is unable to provide for the maintenance amount, such maintenance may be claimed pursuant to the National Civil Code 2017 by submitting an application to the municipality.
There’s a difference between maintenance and maintenance. Maintenance is the support payment that the spouse (husband) makes to the recipient spouse for his or her daily life while maintaining the relationship. In the event that the receiving spouse claims for maintenance support, it must be paid for a lifetime.
Alimony is the amount of support claimed for the maintenance of the receiving spouse (wife) after a divorce that is practiced around the globe. It is also known as alimony (derived from the Latin term “Alimoris”,). A number of terms are used for alimony in the world.
It is assistance granted to the wife after divorce for making her living. It is called maintenance in the United Kingdom, it is called spousal support in the United States of America. Both the paying spouse and the receiving spouse have a duty to settle in financial terms after a divorce, which means that both spouses have a legal obligation to provide financial support to a spouse before or after a marital separation or divorce.
Abroad alimony and maintenance are considered to be similar, but there is a difference between alimony and maintenance in Nepal.
Under what circumstances can maintenance be claimed?
Living a separate life
If the spouse commits domestic violence against his or her family as a result of which the spouse and the children live separately or are abandoned. If the spouse lives separately, the other spouse (husband) must provide for the maintenance of the spouse. Under the Nepali law, a married woman may live separately from her spouse (husband) without a divorce and, therefore, has an obligation to provide for maintenance during that period.
Women usually depend entirely on their husbands due to lack of numeracy and unemployment, too. They are obliged to cope with domestic violence committed against them because they have no other option at their disposal. In the case of domestic violence, she may report it to the police or file an application before the court.
In the event that the spouse (husband) commits physical or mental harm to the other spouse (husband) in such a case, the spouse (husband) is entitled to report it to the police and she may live separately, claiming maintenance as well. Where the spouse (husband) is found to have committed physical or mental harm, the court may grant punishment and provide maintenance to the spouse (wife).
In event of division of property
After submitting a case for divorce, both parties must visit the court for a long period of time. The process of any division of property or case shall require a significant investment. Article 99(5) of the National Civil Code 2017 referred to the fact that, during the divorce proceedings, a woman receives maintenance after the submission of an application.
In this situation, the court shall fix the amount of maintenance on the basis of the income of her husband. The wife receives monthly maintenance payments until she acquires her share of the property from her husband.
The husband is not entitled to provide for maintenance:
The financial status of the spouse may not be sufficient to provide for his or her receiving spouse and children. The spouse is not entitled to provide maintenance in the event of no property on him or her, and his or her income is too low to support his or her family.
Should you have any questions relating to spousal support or alimony in Nepal, then please do not hesitate to contact us.
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.