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Everything you need to know about Alimony or spousal support lawyer in Nepal
Alimony is a subject that usually raises many doubts, it is true! Despite this, this is a very simple and easy topic to understand. Especially when you are getting a divorce and when you are a woman seeking a divorce after all measures of reconciliation is over.
But first, understand what is Alimony in Nepal?
Alimony is the amount paid to a person to provide for his or her basic survival and maintenance needs. Despite the word food, the value is not limited to the resources needed for the food itself, but should also cover the costs of housing, clothing, education, and health, among others. The word Alimony derives from the Latin word Alimonia which means the cost provided for the food support. For better understanding, the word Alimony is also termed as Spousal Support. In Nepal, arrangements have been made to collect the amount in the form of Alimony as per section 100 of the Civil Code 2074 BS. The payment of Alimony can be in the form of a lump sum, or it may be in the form of periodic instalments.
Who is entitled to alimony?
Children and ex-spouses are eligible for alimony. For children of separated or divorced parents, the payment of alimony is mandatory until they reach the age of majority (18 years of age). Or, if they are taking the pre-university entrance exam, technical or higher education and do not have the financial conditions to pay for their studies. In the case of the ex-spouse or ex-partner, alimony is payable whenever the beneficiary’s need for the costs relating to her survival is proven in the respected court.
How Alimony is provided in the Court of Nepal?
In Nepal, after the wife files for divorce, the court evaluates and acquires the property from the husband’s share of the house and land in the name of the husband, mother-in-law, and father-in-law. Section 100 of the Civil Code 2074 provides that the wife can claim for Alimony either annually or monthly without claiming for the property. You as a wife who is asking for Alimony can claim in the following way in Nepal:
- Lump-Sum Alimony /one-time alimony / Permanent Alimony
As the name suggests, it Is the one-time payment of Alimony in the form of the lump sum that is one sum which is paid all at once rather in several smaller amounts. The concerned district court would order to pay you a lump sum if you as wife deny to ask for the share and rather wants to get the alimony all at once. When calculating a lump sum Alimony, the court will evaluate and calculate the amount according to the husband’s property share and his income annually.
- Interim Alimony or Temporary Alimony
Divorce and claiming for the alimony can take a long time. If the divorce process is not mutual that is if either husband or wife doesn’t agree on the divorce, it may take more than a year. As the case goes on in the court, you as a wife can demand the alimony on a monthly basis until the final hearing and decision of your case in the court. The amount can be taken by claiming the amount on a monthly basis as per sub-section 5 of section 99 of the Civil Code 2074 B. S. In such case, the husband has to pay a monthly instalment of alimony from the date when the divorce has been filed till the finalization and completion of the divorce.
- Monthly and annually Alimony
According to section 100 of the Civil Code 2074, there is a legal provision to give the wife the alimony on the monthly or annual basis after the completion of divorce as per the earning of the husband and the preference of the wife. The husband has to pay the alimony on the basis of either monthly or annually until the wife remarries. While determining the monthly and annual amount, the district court calculates the alimony amount by evaluating and calculating the total share of the husband on the ancestral property and his earning per month or per year.
What criteria Does a Judge Use to evaluate Alimony in Nepal?
The court and the government of Nepal have not such a specific rule or formula to determine the alimony to be paid to the ex-wife. The judges of the respective court have to take into consideration several factors while calculating the amount of alimony to be paid. Such as:
- Ancestral property like land or house
- Share of husband on his ancestral property
- Bank balance
- Earning of the husband monthly or yearly
- Amount of loan if taken
Why choose Divorce Nepal for the settlement of your divorce and alimony?
Divorce Nepal has more than thirty years of experience in the skilled negotiation on the alimony matter in Nepal. Divorce Nepal is a well-established institution that can assess the property and see how alimony can be determined in the best possible way for you. Our team of well experienced and skilled lawyers always focus on giving you the best result via our broad knowledge and experience in the matter of divorce and alimony. If you have already filed for divorce and confused in alimony, please call our lawyer in Divorce Nepal. We know how to help you in a divorce case, and to ensure you that alimony payments are fair and just.