Alimony (भरणपोषण / spousal maintenance) is the financial support that a court may order one spouse to pay the other during or after divorce proceedings in Nepal. Governed by Sections 99–100 of the National Civil Code, 2074 (2017) — as applied in 2026 (2082 BS) — alimony law in Nepal ensures that a financially dependent spouse is not left destitute after the dissolution of marriage. Unlike many Western countries where alimony can be lifelong, Nepal's law provides maintenance for a maximum of 5 years after divorce — or until the recipient remarries, whichever comes first. The court considers factors including the duration of the marriage, each spouse's earning capacity, contributions to the household, and the standard of living during the marriage. Alimony is distinct from property division and child maintenance, though all three are typically addressed together in divorce proceedings.
| Law | Section | Provision |
|---|---|---|
| National Civil Code, 2074 | Section 99 | Right to maintenance after divorce — up to 5 years or until remarriage |
| National Civil Code, 2074 | Section 100 | Maintenance during divorce proceedings (interim alimony) |
| National Civil Code, 2074 | Section 97 | Property rights upon divorce — equal partition of jointly acquired property |
| National Civil Code, 2074 | Section 98 | Stridhan (wife's personal property) remains with the wife |
| National Civil Code, 2074 | Section 93–96 | Divorce provisions — grounds, mutual consent, contested |
Under Nepal's Civil Code, both husbands and wives can claim alimony — the law is gender-neutral. However, in practice, the overwhelming majority of alimony claims are filed by wives since women are more frequently the financially dependent spouse. The claimant must demonstrate financial need — specifically that they cannot maintain a reasonable standard of living from their own income or property after divorce.
| Type | When | Duration |
|---|---|---|
| Interim alimony (pendente lite) | During divorce proceedings — before final judgment | Until divorce is finalized |
| Post-divorce alimony | After divorce decree is issued | Maximum 5 years or until remarriage |
| Lump sum | One-time payment at the time of divorce | Single payment — no ongoing obligation |
| Monthly payments | Periodic payments after divorce | Up to 5 years or remarriage |
Nepal's courts consider the following factors when determining alimony amount and duration:
| Factor | How It Affects Alimony |
|---|---|
| Duration of marriage | Longer marriages typically result in higher alimony. Short marriages (under 2 years) may get minimal or no alimony. |
| Earning capacity | If the claimant has education, skills, or employment, alimony may be reduced. If the claimant sacrificed career for the marriage, alimony increases. |
| Paying spouse's income | Alimony is proportional to the paying spouse's income and financial capacity. |
| Standard of living | The court aims to maintain the claimant at a standard reasonably comparable to the marital standard. |
| Age and health | Older or unhealthy claimants who cannot easily re-enter the workforce may receive higher alimony. |
| Contributions to marriage | Homemaking, child-rearing, and supporting the other spouse's career are recognized contributions. |
| Fault | If one spouse caused the divorce (adultery, cruelty, domestic violence), the court may adjust alimony accordingly. |
| Children | Alimony for the spouse is separate from child maintenance, but both are considered together. |
Nepal's law does not prescribe a fixed formula for alimony. Courts exercise discretion based on the factors listed above. Here is an illustrative example of how alimony might be determined:
| Factor | Husband | Wife |
|---|---|---|
| Monthly income | NPR 1,00,000 | NPR 0 (homemaker) |
| Marriage duration | 12 years | |
| Children | 2 (custody with wife) | |
| Wife's education | SLC — limited employment prospects | |
| Standard of living | Middle class urban Kathmandu | |
In this scenario, the court might award NPR 20,000–40,000 per month (20–40% of the husband's income) for up to 5 years, considering the wife's lack of income, long marriage, child-rearing responsibilities, and limited employability. The exact amount varies by judge and circumstances — there is no statutory percentage. If the wife had her own income of NPR 50,000, alimony would likely be lower or denied. Child maintenance for the two children would be ordered separately on top of alimony.
Note: This is an illustrative example only. Actual alimony depends on the specific circumstances of each case and the court's discretion.
Alimony and property division are two separate legal concepts that are often confused:
| Aspect | Alimony (Maintenance) | Property Division |
|---|---|---|
| What | Ongoing financial support | One-time division of assets |
| Basis | Financial need of dependent spouse | Equal share of jointly acquired property (Section 97) |
| Duration | Up to 5 years or remarriage | One-time at divorce |
| Stridhan | Not included — separate | Wife keeps all stridhan (Section 98) |
| Can both apply? | Yes — a spouse can receive both property share AND alimony | |
| Step | Action |
|---|---|
| 1 | File for divorce at the District Court — include alimony claim in the divorce petition |
| 2 | Request interim alimony immediately if financially dependent during proceedings |
| 3 | Provide evidence of financial need — income, expenses, dependants, health status |
| 4 | Provide evidence of spouse's income — salary, business, property, investments |
| 5 | Court evaluates factors and determines amount and duration |
| 6 | Alimony is included in the final divorce decree |
| 7 | If spouse fails to pay — file execution petition at the same court |
In mutual consent divorce, alimony is agreed upon by both parties as part of the settlement. In contested divorce, the court determines alimony based on the evidence presented.
For Nepalis living abroad who are filing for divorce from abroad, alimony follows the same legal framework. The court applies Nepali law regardless of where the spouses reside. A spouse filing from abroad through a Power of Attorney can include alimony claims in the petition. If the paying spouse is abroad, enforcement may require coordination with foreign courts or embassy-level assistance.
| Event | Effect on Alimony |
|---|---|
| 5 years elapsed | Alimony automatically ends — maximum statutory period |
| Remarriage | Alimony ends immediately upon remarriage of the recipient |
| Death of either party | Alimony obligation ends |
| Mutual agreement | Parties can agree to modify or terminate alimony |
| Changed circumstances | Court can modify alimony if either party's financial situation changes significantly |
Alimony (spousal support) and child maintenance are legally separate obligations. A parent's duty to maintain children continues regardless of divorce — child maintenance is based on the child's needs and the non-custodial parent's income. A spouse can receive both alimony for themselves and child maintenance for the children. The court typically addresses both in the same divorce decree.
Alimony enforcement in Nepal faces several practical challenges: difficulty proving the paying spouse's actual income (especially for self-employed or overseas workers), lack of systematic enforcement mechanisms for non-payment, the 5-year maximum may be insufficient for spouses who sacrificed long careers for the marriage, limited awareness of alimony rights especially in rural areas, and cultural pressure on women not to claim alimony. Despite these challenges, alimony claims are increasing as legal awareness grows and more women assert their rights during divorce proceedings.
Nepal Divorce Services is Nepal's first specialized divorce and family law firm. Alimony is one of the most contested aspects of divorce — we help clients understand their entitlements, calculate appropriate amounts, negotiate settlements in mutual consent cases, present evidence in contested proceedings, and enforce court orders when the paying spouse defaults. Whether you are claiming alimony or defending against an excessive claim, our team provides expert guidance.
For legal assistance, contact us at +977 9841114443 or on WhatsApp.
| Topic | Guide |
|---|---|
| Divorce process | Divorce Process in Nepal |
| Property partition | Property Partition During Divorce |
| Child custody | Child Custody After Divorce in Nepal |
| Mutual consent divorce | Divorce by Mutual Consent in Nepal |
| Contested divorce | Divorce by Court Order in Nepal |
| Domestic violence | Domestic Violence Law in Nepal |
Alimony (भरणपोषण / spousal maintenance) is the financial support a court orders one spouse to pay the other during or after divorce. Governed by Sections 99–100 of the National Civil Code 2074, it ensures a financially dependent spouse can maintain a reasonable standard of living after divorce. Both husbands and wives can claim alimony under Nepal's gender-neutral law.
Alimony in Nepal lasts a maximum of 5 years after the divorce is finalized. It ends earlier if the recipient remarries or if either party dies. The court can also modify the duration if circumstances change significantly. This 5-year cap makes Nepal's alimony system different from many Western countries where lifetime alimony is possible.
Yes. Nepal's Civil Code is gender-neutral on alimony — both husbands and wives can claim maintenance. The determining factor is financial need, not gender. However, in practice, the vast majority of alimony claims are filed by wives since women are more often the financially dependent spouse in Nepali marriages.
The court considers multiple factors:
Interim alimony (pendente lite) is maintenance ordered by the court during the divorce proceedings — before the final judgment. Under Section 100, the court can order the financially stronger spouse to pay maintenance so the dependent spouse can sustain themselves during the case. Interim alimony ends when the final divorce decree is issued.
They are separate legal concepts:
A spouse can receive both their property share AND alimony. They are determined independently.
Include the alimony claim in your divorce petition filed at the District Court. Provide evidence of your financial need (income, expenses, dependants) and your spouse's financial capacity (salary, business, property). The court evaluates the factors and includes alimony in the final divorce decree. In mutual consent divorce, alimony is agreed between both parties.
Yes. Alimony can be paid as a lump sum (one-time payment at divorce) or as monthly payments over the maintenance period. In mutual consent divorces, spouses often agree on a lump sum to avoid ongoing obligations. In contested cases, the court typically orders monthly payments based on the paying spouse's income.
Alimony ends when:
Yes. Alimony is for the spouse; child maintenance is for the children. They are legally separate obligations. A parent's duty to maintain children continues regardless of divorce and is based on the child's needs. A spouse can receive both alimony for themselves and child maintenance for the children. The court typically addresses both in the same divorce decree.
Yes. For Nepalis filing from abroad, alimony follows Nepali law regardless of where the spouses reside. An NRN spouse filing through a Power of Attorney can include alimony claims in the petition. Enforcement against a spouse abroad may require coordination with foreign courts or embassy assistance.
If the paying spouse fails to comply with the court's alimony order, the recipient can file an execution petition at the same District Court that issued the order. The court can enforce payment through asset seizure, salary attachment, or contempt of court proceedings. Persistent non-payment can result in penalties.
Yes. If the divorce is caused by domestic violence, the court may consider the offending spouse's behaviour when determining alimony. A victim of DV may receive higher alimony as the fault lies with the abusive spouse. DV evidence (protection orders, police complaints, medical reports) strengthens the alimony claim.
Yes. If either party's financial circumstances change significantly after the divorce, the court can modify the alimony amount or duration. For example, if the paying spouse loses their job or the recipient gains substantial employment, either party can petition the court for modification. The modification applies from the date of the court order, not retroactively.
A lawyer can assist with: calculating the appropriate alimony amount based on your circumstances, filing interim alimony petitions during proceedings, negotiating alimony in mutual consent settlements, presenting evidence of income and financial need in contested cases, enforcing alimony orders against non-paying spouses, and defending against excessive claims. Contact Nepal Divorce Services at +977 9841114443.
Nepal's law does not prescribe a fixed percentage for alimony. Courts exercise discretion based on the paying spouse's income, the claimant's financial need, marriage duration, and standard of living. In practice, courts typically award 20–40% of the paying spouse's income as monthly maintenance, though the exact amount varies case by case. There is no statutory formula — each case is decided on its own facts.
At Nepal Divorce Services, Nepal's first specialized divorce law firm, we understand that taking the first step toward divorce can feel overwhelming. Our experienced divorce lawyers are here to guide you through the legal process and help you move forward with confidence and clarity.
Whether you're inside or outside Nepal and need assistance with filing a divorce case, our services are accessible worldwide. Contact us at +977 9841114443, on WhatsApp, or Viber.
