Alimony Law in Nepal for Women (खर्च भराई)

What is Alimony?

Alimony is money that one spouse pays to the other after a divorce. It’s meant to help the receiving spouse maintain a similar standard of living as they had during the marriage. In simple terms, it’s financial support given by one ex-spouse to the other. Alimony is not the same as child support. While child support is for the kids, alimony is for the ex-spouse. The main goal of alimony is to make sure that both people can live okay after they split up, even if one person earned more money during the marriage.

How does Alimony work?

Alimony works by having the higher-earning spouse give money to the lower-earning spouse after they divorce. The court decides who pays and how much. Usually, the person who makes more money pays alimony to the person who makes less. This money can be paid in different ways. Sometimes it’s a set amount every month. Other times, it might be one big payment. The court looks at things like how long the couple was married, their ages, and their jobs to decide on alimony. The goal is to help the lower-earning spouse get back on their feet financially after the divorce.

What is Alimony called in Nepali?

In Nepal, alimony is commonly known as “खान लाउन खर्च भराई”. These Nepali terms translate to “maintenance” or “sustenance” in English. The concept of Jiwanvritti is similar to alimony in Western countries. It’s the financial support given by one spouse to another after a divorce. In Nepali law and society, this term is used when talking about the money paid for the upkeep of an ex-spouse. It’s important to know this term if you’re dealing with divorce matters in Nepal.

What law has stated about Alimony in Nepal?

In Nepal, alimony is covered under the National Civil Code 2017 (2074 BS). This law talks about marriage, divorce, and related issues. According to this code, both husbands and wives can ask for alimony after a divorce. The law says that the spouse who can’t support themselves can ask for alimony from the other spouse. It also states that alimony should be fair and based on the paying spouse’s income. The code aims to protect the rights of both parties in a divorce. It tries to make sure that the spouse who needs financial help can get it, while also being fair to the paying spouse.

How is the amount of alimony determined in Nepal?

In Nepal, the amount of alimony is decided by the court. The judge looks at many things to set the amount. They consider how much money each person makes. They also look at how long the couple was married. The court thinks about the age and health of both people. They check if the person asking for alimony can work and earn money. The lifestyle the couple had during their marriage is also important. The court tries to make sure the amount is fair for both people. They don’t want the paying spouse to suffer, but they also want to help the other spouse live okay. There’s no fixed formula, so each case is looked at separately.

What is the process of obtaining Alimony in Nepal?

The process of getting alimony in Nepal starts with filing for divorce. Here are the steps:

1. File for divorce: You must first file a divorce case in the district court.
2. Request alimony: During the divorce proceedings, you can ask for alimony.
3. Provide proof: You need to show why you need alimony. This could be proof of your income, expenses, and inability to support yourself.
4. Court hearing: The judge will hear both sides and look at the evidence.
5. Court decision: The court will decide if alimony should be given and how much.
6. Enforcement: If alimony is awarded, the court will make sure it’s paid.

Remember, you can ask for temporary alimony while the divorce case is going on. This is to help you manage until the final decision is made.

Can alimony be modified in Nepal?

Yes, alimony can be changed in Nepal. The court knows that people’s lives can change. If something big happens, either person can ask the court to change the alimony. For example, if the person paying alimony loses their job, they can ask to pay less. Or if the person getting alimony gets a good job, the paying person can ask to reduce the amount. To change alimony, you need to go back to court. You must show that something important has changed since the first decision. The court will look at the new situation and decide if the alimony should change. But remember, changing alimony isn’t easy. You need to have a really good reason.

What happens if the paying spouse fails to provide alimony in Nepal?

If someone doesn’t pay alimony in Nepal, they can get in trouble. The court takes this seriously. Here’s what can happen:

1. The person who should get the money can tell the court.
2. The court might order the money to be taken directly from the payer’s salary.
3. The court can freeze the payer’s bank accounts.
4. In some cases, the payer might have to pay a fine.
5. If they keep refusing to pay, they could even go to jail.

The court tries to make sure the alimony is paid. They know it’s important for the person who needs it. If someone is having trouble paying, they should talk to the court. It’s better to explain the problem than to just stop paying.

What factors are considered when awarding alimony in Nepal?

When deciding on alimony in Nepal, the court looks at many things:

1. Income of both spouses
2. How long the marriage lasted
3. Age and health of both people
4. Education and job skills of each person
5. Who will take care of the children
6. The standard of living during the marriage
7. If one person gave up their career for the family
8. Any bad behavior during the marriage
9. Property owned by each person
10. Future earning potential of both spouses

The court tries to be fair to both people. They want to help the person who needs money, but not make it too hard for the person who has to pay. Each case is different, so the court looks at all these things carefully.

Are there legal consequences for not paying alimony in Nepal?

Yes, there are legal consequences for not paying alimony in Nepal. The court takes this very seriously. If someone doesn’t pay, they can face:

1. Fines: The court can make them pay extra money as a punishment.
2. Jail time: In some cases, they might have to go to jail.
3. Property seizure: The court can take their property to pay the alimony.
4. Bad credit: Not paying can hurt their credit score.
5. Contempt of court: This means they’re not following the court’s orders, which is a serious offense.

The person who should get the alimony can ask the court for help if payments stop. The court will then take steps to make sure the money is paid. It’s important to pay alimony on time to avoid these problems.

Read More:

• Online Divorce in Nepal
• Can Wife Claim Husband Property After Divorce
• National Civil Code

Can alimony be awarded in lump sum payments in Nepal?

Yes, alimony can be given as a lump sum in Nepal. This means all the money is paid at once, instead of monthly payments. The court might decide this is better in some cases. Here’s what you should know:

1. It’s not common, but it can happen.
2. It might be good if the paying person has a lot of money now but might not later.
3. It can help avoid future fights about payments.
4. The person getting the money needs to be careful with it, as there won’t be more coming.
5. The court will make sure it’s fair for both people.

Lump sum alimony can be good because it ends the financial tie between ex-spouses quickly. But it’s not right for everyone. The court will decide if it’s the best option based on each case.

FAQs