Alimony and Spousal Support in Nepal (2026 Guide)
Financial security after a divorce is a major concern. Under the Muluki Civil Code 2074, Nepal law provides strict protections for dependent spouses. Learn how property division (Amsabanda) and monthly maintenance (Manachamal) are calculated in the courts.
Quick Answer: How does Alimony work in Nepal?
In Nepal, alimony is heavily tied to property rights. Here are the core legal rules:
- Property vs. Alimony: A wife can demand an equal share of the husband’s property. If she takes the property, she generally cannot ask for monthly alimony.
- When Alimony is Awarded: If the husband has no physical property, but has a high income (e.g., a salary), the court will order him to pay alimony instead of property partition.
- Loss of Rights: If the wife remarries, her right to alimony immediately ends. She must also return any property received during the divorce.
Types of Financial Support in Nepal
The Muluki Civil Code 2074 categorizes post-divorce financial settlements into three main pathways.
Property Partition (Amsabanda)
Under Nepal law, property division is the primary form of financial settlement. A wife has the right to claim an equal share of her husband’s property upon divorce.
Lump-Sum Alimony
If there is no property to divide, or if the wife prefers it, the court can order the husband to pay a one-time lump-sum amount based on his income and earning capacity.
Monthly Maintenance (Manachamal)
If a lump-sum is not feasible, the court can order monthly or yearly maintenance payments to support the wife’s living expenses according to the husband’s social status and income.
How Judges Calculate Alimony (Section 99)
Section 99 of the Muluki Civil Code 2074 governs alimony in Nepal. Unlike some Western countries where alimony is calculated using a strict software formula, judges in Nepal have significant discretion. They will look at the following factors to determine the amount:
The Husband's Income and Assets
The court will demand bank statements, salary slips, and tax returns. The alimony payment must be realistic and cannot exceed the husband's ability to pay.
The Wife's Earning Capacity
If the wife is highly educated, employed, and earning a salary equal to or greater than the husband, the court may refuse to grant alimony, as she is deemed capable of supporting herself.
Standard of Living During the Marriage
The law aims to prevent the dependent spouse from falling into poverty. The court will attempt to set an alimony amount that maintains a standard of living similar to what she experienced during the marriage.
Critical Rules You Must Know
Remarriage Ends All Rights
If a divorced woman remarries, she instantly loses her right to receive any further alimony. Furthermore, she must return any property she received from her first husband during the divorce.
Interim Maintenance (Manachamal)
Divorce trials can take 14 months. Under the law, a dependent wife can petition the court for temporary monthly maintenance to survive while the trial is ongoing.
Husbands Cannot Claim Alimony
Currently, Nepali law only recognizes a wife's right to claim alimony from her husband. A husband cannot claim alimony from a wealthier wife.
Hiding Income is Illegal
If a spouse is caught hiding bank accounts or transferring property to relatives to avoid paying alimony, the court will severely penalize them.