What is alimony and why is it give after the divorce?

What is alimony?

Divorce generally entails the allocation of wealth and resources between the spouses. Alimony, also known as spousal support or spousal maintenance, is one method used to accomplish the distribution of wealth.  Alimony is defined as the monetary assistance that a spouse is obliged to provide by the court in the scenario that they decide to file for divorce or separate. The term "alimony" describes monetary awards made by a court to a spouse or ex-spouse as part of a separation or divorce settlement. Alimony is given as per the economic stability and wealth of another spouse. It's not only the food expenses given to the spouse but it should cover all the basic expenses like food, shelter, clothing, education and many more like that.

Why is alimony given?

While we discuss the alimony, the first question that arises is why this alimony is given. Here, alimony is given to maintain the economic stability they had before the divorce. It recognizes the compromises one partner may have made for the union, such as sacrificing professional prospects in order to provide for the family or raise children. Generally, a woman sacrifices their career and family to take care of their husband's family and children because of this woman becomes economically dependent on their partner.  The concept of alimony is to protect the lifestyle of the wife who has invested their entire life on others.  It seeks to fairness and equity for the spouses who have invested in the family non-financially. Therefore, alimony is given to the spouse after divorce to have the same level of the lifestyle they had before divorce or to support the other spouse in the life they would have after the divorce.

How long should one give the alimony?

Alimony can be paid in installments based on the expenses incurred, the partitioning of the property or lump sum amount. Whether a spouse seeks a monthly payment, a lump sum payment or the division of assets will determine what happens. If a couple is preparing to divide their assets a court case is pending, and one of the spouses has requested alimony, the other spouse will be responsible for paying the other's monthly costs per the judge's order, until the judge makes a ruling. This is entirely dependent on the judges' discretionary authority. Typically, couples want to give a lump sum payment or a division of the assets than providing amount on monthly basis.

National laws regarding to the alimony

National Civil Code, 2017 has mentioned alimony in Chapter 3 under the family law. It mentions that the wife has equal rights over the property of her husband and if a couple decides to get separated and they have claimed the property then the property case should be settled down before granting divorce. But if a wife has claimed the lump sum amount as alimony from her husband rather than the partition in the property he should give it based on the monthly expenses.  Also, if a wife hasn't got the property because her husband doesn't have the property, but has the monthly salary he has to give him maintenance cost. Still, if she ends up in another marriage then that's not necessary to continue.

In Texas and other US states, you must be married for at least ten years in order to receive alimony; unlike other nations, Nepal does not have a set period of time of marriage to claim alimony.  

Nepal's law regarding to the alimony is made in order to maintain the life status of spouse which they had before ending the marriage.  It is believed that wife among the spouse are set back in their career because they have to take care of the husband's family and their kids. So, in concept of respecting and fulfilling the gap she had taken through these years, they are provided with the right to claim the alimony.