Alimony in Thailand (Spousal Maintenance)
Alimony (spousal maintenance) is not automatic under Thai law. Courts decide it case-by-case, primarily under Section 1526 of the Civil and Commercial Code, weighing need, fault, and fairness. Alimony may be paid as a lump sum or in periodic installments and typically continues until the recipient remarries or becomes self-sufficient.
Who can claim?
A spouse may ask the court for maintenance if they cannot reasonably support themselves after divorce. The court considers:
- the incomes and property of both spouses,
- their standard of living during marriage, and
- the overall circumstances of the case.
Fault matters: the judge also considers the reason for the divorce. A spouse who is clearly “at fault” (e.g., adultery, desertion, serious misconduct) will normally not be awarded alimony.
When is it awarded?
- Court divorce (contested): Under Section 1526, the court may order support if one spouse is in need, taking into account both parties’ means, the reason for divorce, and fairness.
- Mutual-consent divorce (administrative): At the district office (Amphur), alimony is only available if the spouses agree in writing. Without an agreement, no maintenance is ordered.
- No waivers in prenups: The Supreme Court (e.g., Decisions 1885-2541, 2159/2562) has held that prenuptial clauses excluding alimony are void under Section 1465; courts retain discretion.
- During proceedings: Interim maintenance may be ordered while the case is pending (e.g., Decision 2109-2567 (2024)) to protect a dependent spouse.
Summary: Alimony is granted only at the court’s discretion, based on need, fault, and fairness. It cannot be permanently waived in advance, and temporary support is possible during the case.
- Maintenance in the Thailand Civil Code (family laws)
- Thai Child Support obligation (maintenance)
- Divorce in Thailand article info
- Parentage
Note: This glossary entry is general information, not legal advice. For individual cases, consult a Thai lawyer.