Alimony in Thailand: Spousal Maintenance After Divorce

Alimony in Thailand refers to financial support that one spouse may be ordered to pay the other after divorce. Thai law calls this spousal maintenance and allows the court to grant it if the receiving spouse lacks adequate means of self-support. The court decides based on income, lifestyle, and the circumstances of the marriage and separation.

Quick Summary:

Not automatic. Court-ordered alimony is typically for the innocent spouse when the divorce is based on the other spouse’s fault and must be requested in the divorce case. section 1526
Ends on remarriage of the recipient (unless agreed otherwise in a settlement). section 1528
While a case is pending, the court may grant temporary maintenance. section1530
Amphur (administrative) divorces: alimony exists only by agreement written into the divorce terms; registrars don’t order it. section 1514, section 1522
Prenups mainly regulate property (sections1465–1469). Clauses purporting to waive a future statutory right to maintenance are generally not enforceable as a matter of Thai public-order principles.
Separate from child support: both parents must support minor children regardless of fault. section 1564

Alimony is separate from child support, which is a legal obligation for parents. This guide explains who qualifies for spousal support, how much may be granted, and under what conditions it ends.

Legal Basis

Section 1526 of the Thai Civil and Commercial Code allows either spouse to request maintenance if they cannot support themselves after divorce.
Section 1465 states that any prenuptial clause waiving this right is void if contrary to public order or good morals.
The obligation may be granted as a lump sum or ongoing monthly payments by court order.

When Can Alimony Be Claimed?

Spousal support may be claimed:

During or immediately after divorce proceedings
When the claimant lacks sufficient income or assets to maintain their standard of living
When one spouse was financially dependent during marriage (e.g., homemakers)

How Is Alimony Calculated?

There is no fixed formula in Thai law. The court considers:

Each spouse’s income and assets
Length of the marriage
Contributions to the household (including unpaid domestic work)
Age, health, and ability to work

Support may be temporary or indefinite, depending on the recipient’s needs and the payer’s ability.

Who can claim alimony (spousal maintenance) under Thai law?

Under the Thai Civil & Commercial Code alimony is not automatic. In court divorces, it is typically available to the innocent spouse where the divorce results from the other spouse’s fault and the innocent spouse would become financially vulnerable (section 1526).

When alimony is generally available (court divorce)

The ground for divorce is solely the other spouse’s fault (e.g., adultery, serious misconduct), and the innocent spouse would lack sufficient means after divorce → the court may order living allowances. section 1526
In cases of insanity or a dangerous communicable disease as divorce grounds, the other spouse must furnish living allowances as appropriate. section 1527
While a divorce case is pending, courts may award temporary maintenance. section 1530

When alimony is generally not available

The spouse who is at fault for the divorce (e.g., adultery, desertion) usually cannot obtain a court-ordered allowance against the innocent spouse under section 1526.
If alimony is not requested within the divorce case (plaint or counter-claim), the right is typically considered waived; you generally cannot file a separate case later solely for alimony based on the same marriage breakdown (practice under section 1526).

Alimony by agreement (Amphur divorce & settlements)

In a mutual-consent (administrative) divorce, the registrar does not “order” alimony; it exists only if the spouses agree and include it in their written divorce agreement. section 1514, section 1522
Thai courts have consistently enforced clear settlement clauses on maintenance recorded with the registrar or the court. Draft the clause with: amount, start date, payment schedule, duration, termination triggers (e.g., recipient’s remarriage per §1528), and default/interest terms.

Related but different: compensation for fault

Money claims for adultery or misconduct (against a spouse and sometimes a third party) are compensation, not alimony. See section 1523– section 1525.

When does alimony end or change?

Ends on remarriage of the recipient spouse. section 1528
Courts may consider a modification application if circumstances materially change (e.g., sharp income change, serious illness). Ask a lawyer about the proper procedure in your province.
Child support is separate: both parents must support minor children regardless of fault. section 1564

Bottom line: Court-ordered alimony is primarily for the innocent spouse in a fault-based divorce and must be requested in the case. In administrative (Amphur) divorces, alimony exists only if you write it into the agreement. For contested cases, consider court-run mediation, many couples settle maintenance there and obtain a consent judgment.

What About Child Support?

Alimony (spousal maintenance) and child support are two separate legal obligations under Thai law.

Alimony supports a former spouse who lacks income or self-sufficiency.
Child support ensures financial care for children until they reach adulthood (age 20 under Thai law), regardless of marital status.

If children are involved in a divorce, Thai courts will typically rule on custody, parental power, and monthly child support as part of the settlement or judgment. For full details on child maintenance rules, calculation methods, and enforcement in Thailand, see our full guide on Child Support in Thailand.

Can Alimony Be Changed or Terminated?

Yes. Alimony can be modified by court order if there is a material change in circumstances—such as new income, remarriage, or improved financial independence. It can also end automatically if the recipient remarries or cohabits with a new partner.

Relevant Thai Supreme Court Rulings

Decision No. 2159-2562 (2019) — A clause in a prenuptial agreement waiving alimony was declared void. The court ruled that spousal maintenance is a statutory right and cannot be pre-waived.
Decision No. 7108-2551 (2008) — Alimony continued after divorce until the ex-wife regained financial independence. Courts emphasized the spouse’s duty to provide support even after separation.
Decision No. 2109-2567 (2024) — A wife was awarded temporary maintenance during the divorce case due to lack of income. This showed that alimony can be granted before the divorce is finalized.
Decision No. 1885-2541 (1998) — The court rejected an attempt to deny spousal support, ruling that doing so would violate public order under Section 1465.

Frequently Asked Questions

Click a question to reveal the answer.

Who can claim alimony in Thailand?

Either spouse may claim alimony after divorce if they lack sufficient means to support themselves. The court decides based on fairness, income, and need.

Can alimony be awarded before a divorce is finalized?

Yes. In urgent cases, Thai courts may award temporary spousal support during divorce proceedings, as confirmed in Decision No. 2109-2567 (2024).

Can alimony be denied if the receiving spouse was at fault?

Possibly. Fault can influence the amount or duration, but courts still assess need and fairness. In some cases, alimony is still granted even if one spouse was partially at fault.

What happens if the paying spouse refuses to pay?

The court can enforce payment through wage garnishment, asset seizure, or legal penalties. Alimony orders are enforceable like other civil judgments.

Does remarriage or new income stop alimony?

Yes. Alimony may end if the recipient remarries, cohabits, or becomes financially independent. However, the payer must apply to the court to formally end or reduce the obligation.