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After a divorce in Nepal, the financially weaker spouse — usually the wife — has a legal right to claim maintenance or a share of property. The Muluki Civil Code 2074 governs alimony through Sections 99 and 100, which replaced the older wife-only maintenance provisions with a modern, needs-based framework. Whether you are entitled to alimony, how much you can expect, and how long it lasts depends on your specific circumstances — and the court has wide discretion. This guide explains everything you need to know about alimony and maintenance laws in Nepal, including interim support during divorce proceedings, child maintenance obligations, and what happens if your ex-spouse refuses to pay. If you need legal advice on your maintenance claim, consult our divorce lawyers.
Alimony in Nepal is governed by Sections 99 and 100 of the Muluki Civil Code 2074. Either spouse can claim maintenance based on financial need. The wife can choose between property partition (Section 99) or alimony as lump sum or periodic payment (Section 100). Courts determine the amount based on the paying spouse's income, marriage duration, and the claimant's financial needs. Interim maintenance is available during pending divorce proceedings.
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What Is Alimony (Jiwanvritti) in Nepal?
Alimony — known as Jiwanvritti (जीवनवृत्ति) in Nepali — is financial support paid by one spouse to the other after divorce. It recognises that marriage often creates economic inequality: one spouse sacrifices career opportunities, takes on unpaid domestic work, or becomes financially dependent during the marriage. The law ensures this spouse is not left destitute after the relationship ends.
Under the Muluki Civil Code 2074, alimony is distinct from property partition. The wife has two options after divorce:
| Option | Legal Basis | What You Receive |
|---|---|---|
| Property Partition | Section 99 | An equal share of the husband's property (divided among all coparceners) |
| Alimony (Lump Sum or Periodic) | Section 100 | A one-time payment or regular payments calculated on husband's property share and income |
The wife must choose one — she cannot claim both property partition and alimony. This choice is critical and should be made after consulting a lawyer who can assess which option yields a better financial outcome in your case.
Who Is Eligible for Alimony in Nepal?
The Civil Code 2074 modernised Nepal's maintenance framework. While the law is gender-neutral in principle — either spouse can claim — in practice, wives are the primary recipients because they more often lack independent income.
Eligibility Criteria
- Financial dependency: The claimant must demonstrate inability to maintain themselves independently
- No minimum marriage duration: Unlike some countries, Nepal does not require a minimum number of years of marriage to claim alimony
- Career sacrifice: Spouses who gave up employment or education for the marriage have stronger claims
- Limited earning capacity: Age, health conditions, or lack of education that limits ability to earn
When Alimony Is NOT Available
Section 99(6) is critical — if the divorce results from the wife's own conduct, the husband is not obligated to provide property partition or alimony. Specific scenarios include:
- Wife committed adultery (proven by the court)
- Wife treated the husband with cruelty
- Wife expelled the husband from the shared home
Additionally, alimony is forfeited if the receiving spouse remarries before the partition or alimony is finalised (Section 99(7)).
Types of Alimony in Nepal
Nepal law provides for several forms of spousal maintenance:
| Type | Description | Duration |
|---|---|---|
| Lump-Sum Alimony | One-time payment calculated on the husband's property share and annual income. Alternative to property partition under Section 100. | One-time |
| Periodic (Monthly/Annual) Alimony | Regular payments based on the paying spouse's earnings. Continues until remarriage or court modification. | Ongoing (court-determined) |
| Interim Maintenance | Temporary payments ordered during pending divorce proceedings. Covers living expenses, child care, and legal costs. | Filing date to divorce finalisation |
| Maintenance Pending Partition | Under Section 99(5), if property partition takes extended time, the court orders monthly maintenance until partition is completed. | Until partition completed |
How Is Alimony Amount Determined in Nepal?
Nepal has no fixed formula for calculating alimony. The government has not established statutory rates or percentages. The amount is determined entirely by judicial discretion based on the circumstances of each case.
Every alimony case is different.
Factors Courts Consider
While there is no fixed formula, courts evaluate these factors when determining the maintenance amount:
| # | Factor | How It Affects the Award |
|---|---|---|
| 1 | Paying spouse's income | Higher income = higher maintenance. Courts examine salary, business income, rental income, and investments |
| 2 | Paying spouse's property | Ancestral property, bank balances, land, and house ownership are assessed |
| 3 | Marriage duration | Longer marriage = higher and longer-duration maintenance |
| 4 | Standard of living during marriage | The claimant is entitled to maintain a comparable standard of living |
| 5 | Age and health of both spouses | Older age or health problems that limit earning capacity increase the award |
| 6 | Earning capacity of the claimant | If the claimant is educated and employable, the award may be lower or time-limited |
| 7 | Non-financial contributions | Homemaking, childcare, and domestic labour are recognised as contributions to the marriage |
| 8 | Outstanding debts and liabilities | The paying spouse's debts reduce the amount available for alimony |
| 9 | Child custody arrangements | Custodial parent may receive higher support to cover child-related expenses |
| 10 | Reason for divorce | Fault of the paying spouse (e.g., adultery, domestic violence) may increase the award |
Typical Alimony Range in Practice
While no statutory formula exists, legal practitioners in Nepal report that courts generally award maintenance in the following ranges:
| Paying Spouse's Monthly Income | Estimated Monthly Maintenance | Notes |
|---|---|---|
| NPR 30,000–50,000 | NPR 8,000–15,000 | Lower income bracket; basic needs covered |
| NPR 50,000–100,000 | NPR 15,000–30,000 | Middle income; standard of living considered |
| NPR 100,000+ | NPR 30,000–50,000+ | Higher income; comparable lifestyle maintained |
Important: These are practitioner estimates, not statutory amounts. Your actual award depends entirely on the court's assessment of your specific circumstances.
Section 99: Property Partition Before Divorce
Section 99 of the Civil Code 2074 is the primary property division provision. Understanding it is essential because alimony under Section 100 operates as an alternative to property partition.
Key Provisions of Section 99
| Sub-Section | Provision |
|---|---|
| 99(1) | When divorce results from the husband's conduct and the wife requests partition, the court must arrange property partition before granting divorce |
| 99(3) | Joint property registered in either or both names must be partitioned according to law before divorce is finalised |
| 99(4) | If the husband has not received his share from undivided family property, the court must identify all coparceners and partition the entire family property |
| 99(5) | If property partition takes extended time, the court may grant divorce but order monthly maintenance until partition is completed |
| 99(6) | Husband is NOT obligated to provide partition or alimony if divorce results from the wife's conduct |
| 99(7) | If wife remarries before partition completion, she forfeits her claim to property |
How Property Is Divided
The wife receives an equal share among coparceners. The share varies depending on the number of coparceners:
| Coparceners | Wife's Share | Example (NPR 1 Crore Property) |
|---|---|---|
| Husband + Wife only | 50% | NPR 50,00,000 |
| Husband + Wife + 1 Child | 33.3% | NPR 33,33,333 |
| Husband + Wife + 2 Children | 25% | NPR 25,00,000 |
| Husband + Wife + 3 Children | 20% | NPR 20,00,000 |
Section 100: Alimony Instead of Property Partition
Section 100 provides an alternative to property partition. Instead of claiming her share of property, the wife may choose to receive alimony as a lump sum or periodic payment.
The alimony is calculated based on:
- The husband's share of property (what the wife would have received in partition)
- The husband's annual income
- The wife's financial needs and earning capacity
This option is particularly useful when:
- The husband's property is illiquid (e.g., ancestral land that cannot easily be divided)
- The wife prefers regular income over a property share
- Property partition would take extended time and the wife needs immediate support
- The husband's property is in a joint family and partition is complicated
Interim Maintenance During Divorce Proceedings
You do not have to wait until the divorce is finalised to receive financial support. Either spouse can petition for interim (temporary) maintenance at the time of filing for divorce.
What Interim Maintenance Covers
- Living expenses (rent, food, utilities)
- Child care and education costs
- Medical expenses
- Legal costs for the divorce proceedings
How Interim Maintenance Works
| Aspect | Detail |
|---|---|
| When to apply | At the time of filing the divorce petition or at any point during proceedings |
| Effective from | Filing date of the petition |
| Duration | Until the divorce is finalised and permanent maintenance is ordered |
| Basis | Court calculates based on the respondent's financial situation and claimant's needs |
| Enforcement | Court-ordered — non-compliance may result in contempt proceedings |
Section 99(5) also provides that if property partition is delayed, the court can order monthly maintenance until partition is completed — even after the divorce itself is granted.
Child Maintenance After Divorce
Child maintenance is separate from spousal alimony and is mandatory regardless of the divorce outcome. Under Section 114 of the Civil Code 2074, both parents are legally obligated to provide financial support for their children.
| Child's Age | Primary Maintenance Responsibility | Legal Basis |
|---|---|---|
| Below 5 years | Mother (custodial parent) | Section 115(1) |
| 5–10 years | Father (non-custodial parent bears cost) | Section 115(2) |
| Above 10 years | Parent the child lives with; other parent contributes | Section 115(3) |
Key points about child maintenance:
- Mandatory until the child reaches 18 years of age
- Both parents retain financial responsibility after divorce (Section 118)
- The non-custodial parent must contribute if they have higher income
- Child maintenance is separate from alimony — a spouse can receive both
- Amount is determined by agreement between parents or by court order
For a detailed guide on custody rules, see our child custody laws in Nepal article.
How to Claim Alimony in Nepal: Step-by-Step
| Step | Action | Details |
|---|---|---|
| 1 | Consult a lawyer | Assess whether property partition or alimony yields a better financial outcome in your case |
| 2 | File divorce petition | Include maintenance claim (interim and permanent) in the petition at the District Court |
| 3 | Request interim maintenance | Petition for temporary support effective from the filing date |
| 4 | Provide financial evidence | Submit evidence of spouse's income, property, bank accounts, and your financial needs |
| 5 | Attend mediation | Mandatory mediation under Section 97 — alimony can be negotiated here |
| 6 | Court assessment | If mediation fails, the judge assesses both parties' financial situations and determines the award |
| 7 | Choose partition or alimony | Before the final order, the wife must choose between property partition (Section 99) or alimony (Section 100) |
| 8 | Court order issued | The judge issues a maintenance order specifying amount, frequency, and duration |
Documents Required for Alimony Claim
| Document | Purpose |
|---|---|
| Citizenship certificate (Nagarikta) of both spouses | Identity verification |
| Marriage certificate or marriage registration | Proof of valid marriage |
| Divorce petition filed at District Court | Legal basis for the claim |
| Spouse's income proof (salary slips, tax returns, business records) | Establishing paying capacity |
| Property ownership documents (Lalpurja, land registration) | Assessing available assets |
| Bank statements of both spouses | Financial assessment |
| Proof of living expenses (rent receipts, school fees, medical bills) | Establishing financial needs |
| Children's birth certificates (if claiming child maintenance) | Proof of dependent children |
When Alimony Can Be Modified or Terminated
Alimony is not necessarily permanent. The court can modify or terminate maintenance orders under certain circumstances:
Termination of Alimony
- Remarriage: If the receiving spouse remarries, alimony automatically terminates
- Death: Alimony ends upon the death of either party
- Self-sufficiency: If the receiving spouse becomes financially independent (e.g., gains employment or inherits property)
Modification of Alimony
Either party can petition the court for modification based on:
- Significant change in the paying spouse's income (increase or decrease)
- Job loss or retirement of the paying spouse
- Health changes affecting either party's earning capacity
- Changes in custody arrangements that alter financial responsibilities
- The receiving spouse gaining new income or employment
Whether you are claiming or contesting alimony — proper legal representation is critical.
Enforcement: What If Your Ex-Spouse Refuses to Pay?
A court-ordered maintenance obligation is legally binding. If your ex-spouse refuses to pay, you have several legal remedies:
| Enforcement Method | How It Works |
|---|---|
| Contempt of Court | File a contempt petition. Willful non-compliance with a court order can result in fines or imprisonment |
| Salary Attachment | Court directs the paying spouse's employer to deduct maintenance from salary and pay directly to the claimant |
| Property Seizure | Court can order seizure and sale of the defaulting spouse's property to recover unpaid maintenance |
| Bank Account Attachment | Court can freeze and attach the defaulting spouse's bank accounts |
Old Law vs. New Law: Key Changes
The Muluki Civil Code 2074 significantly reformed Nepal's maintenance laws compared to the old Muluki Ain 2020:
| Aspect | Old Muluki Ain 2020 | New Civil Code 2074 |
|---|---|---|
| Who can claim | Wife only | Either spouse (gender-neutral) |
| Property rights | Husband-centred | Equal joint ownership recognised |
| Domestic labour | Not recognised as contribution | Recognised as contribution to marriage |
| Marital rape | Not recognised | Ground for divorce affecting alimony |
| Fault-based denial | Limited provisions | Section 99(6) clearly denies alimony when wife's conduct caused divorce |
Alimony in Mutual Consent vs. Contested Divorce
| Aspect | Mutual Consent Divorce | Contested Divorce |
|---|---|---|
| Alimony negotiation | Both spouses agree on amount and terms | Court determines based on evidence |
| Speed | Can be resolved in days | 6–18 months typical |
| Flexibility | High — any arrangement both parties agree to | Limited — bound by court's discretion |
| Cost | Lower (fewer legal fees) | Higher (NPR 50,000–300,000+) |
| Enforceability | Court-approved agreement is fully enforceable | Court order is enforceable |
For a detailed comparison, see our guides on mutual consent divorce and contested divorce in Nepal.
Common Mistakes in Alimony Claims
- Not claiming interim maintenance: Many wives do not request temporary support during proceedings — this leaves them financially vulnerable for months
- Choosing property partition without legal advice: Sometimes alimony yields a better outcome than a property share, especially when property is illiquid or involves joint family disputes
- Inadequate financial evidence: Courts require proof of the paying spouse's income and assets. Without evidence, the award may be lower than deserved
- Ignoring hidden assets: Spouses may underreport income or transfer assets before divorce. A lawyer can help trace hidden assets
- Not including child maintenance separately: Child maintenance is separate from spousal alimony. Failing to claim both means leaving money on the table
- Missing the filing window: Divorce petitions must be filed within 3 months of the grounds arising. Delayed filing weakens your case
Conclusion
Nepal's alimony and maintenance laws under the Muluki Civil Code 2074 provide meaningful financial protection for the weaker spouse after divorce. The framework offers a choice between property partition (Section 99) and alimony (Section 100), interim maintenance during proceedings, and mandatory child support until age 18. However, because there is no fixed formula and the court has wide discretion, the outcome depends heavily on the evidence you present and the legal strategy you follow. As of April 2026, securing proper legal representation is the single most important step you can take to protect your financial rights in a divorce.
Last reviewed: April 2026.
Court Marriage in Nepal Pvt. Ltd. provides expert legal assistance for alimony claims, property division, and all family law matters. Our Nepal Bar Council-registered advocates understand the financial complexities of divorce and fight for fair maintenance outcomes. Visit Nepal Divorce Services or contact us today for a confidential free consultation.
Frequently Asked Questions
There is no fixed formula. Courts determine alimony based on the husband's income, property, marriage duration, standard of living, and the wife's financial needs. Practitioners report that courts typically award maintenance ranging from NPR 10,000 to NPR 50,000 per month depending on circumstances.
Section 100 allows the wife to choose alimony (lump sum or periodic payment) instead of claiming her share of property partition under Section 99. The alimony is calculated based on the husband's property share and annual income.
Yes. The Civil Code 2074 is gender-neutral in principle. A husband can claim maintenance if he demonstrates financial dependency. However, in practice, it is predominantly wives who receive alimony.
Interim maintenance is temporary financial support ordered by the court during pending divorce proceedings. Either spouse can petition for it at the time of filing. It covers living expenses, child care, medical costs, and legal fees from the filing date until divorce is finalised.
Yes. Under Section 99(7), alimony and property claims are forfeited if the receiving spouse remarries. This applies even if the partition or alimony payments have not been completed.
Property partition (Section 99) gives the wife an equal share of the husband's property among coparceners. Alimony (Section 100) gives the wife a lump sum or periodic payment instead. The wife must choose one — she cannot claim both.
Yes. Under Section 99(6), if the divorce results from the wife's own conduct — such as adultery, cruelty, or expelling the husband from home — the husband is not obligated to provide property partition or alimony.
There is no fixed statutory time limit. Duration depends on marriage length, the recipient's age and health, and time needed for self-sufficiency. Shorter marriages typically result in time-limited alimony, while long marriages may result in longer-term maintenance.
Yes. Child maintenance (Section 114) is separate from spousal alimony (Section 100). A spouse can receive both. Child maintenance is mandatory until the child turns 18, regardless of the alimony outcome.
You can file a contempt of court petition. The court can enforce payment through salary attachment, property seizure, bank account freezing, or imprisonment for willful non-compliance with the maintenance order.
Yes. Either party can petition the court for modification if circumstances change significantly — such as job loss, health changes, new income, or changes in custody arrangements.
You need citizenship certificates of both spouses, marriage certificate, divorce petition, spouse's income proof (salary slips, tax returns), property documents, bank statements, proof of living expenses, and children's birth certificates if claiming child maintenance.
Filing for alimony after divorce is legally possible if financial need is proven. However, it is much easier and stronger to include your maintenance claim in the original divorce petition rather than filing a separate petition later.
Under Section 99, the wife receives an equal share among coparceners. With just husband and wife, each gets 50%. With one child, each gets 33.3%. With two children, each gets 25%. This applies to joint and ancestral property.
Mutual consent divorce with agreed maintenance can be resolved in days. Contested alimony cases typically take 6–18 months. Complex cases involving property disputes or hidden assets can take 12–24 months or longer.
Court Marriage in Nepal Pvt. Ltd. is Nepal's first registered law firm for court marriage services. Since 2016, our Nepal Bar Council-registered advocates have helped 2,000+ couples from 50+ countries with marriage registration, document preparation, and legal consultation. Whether you are a Nepali citizen or a foreign national, contact us today for confidential legal assistance.
