Alimony in Thailand is narrow. Under section 1526 of the Civil and Commercial Code, a court may award a living allowance only in a divorce case where the ground is the other spouse's fault alone and the divorce leaves the claimant short of income. It must be claimed in that case.
Does Thailand have alimony at all?
Yes, but it works very differently from what many foreigners expect. Thai law calls it a living allowance (kha liang chip), and it is a fault-based remedy, not a general right after a long marriage.
It is separate from child support, which belongs to the child, and from compensation under section 1523, which is a one-off claim linked to grounds such as adultery. Mixing these up can cost you a claim.
When can a spouse claim alimony under section 1526?
All of the following must be true:
- The divorce is granted by a court, not registered by consent at a district office.
- The divorce ground is the fault of the other spouse alone.
- The divorce leaves the claimant without enough income from their property or from the work they did during the marriage.
- The claim is made in the divorce case, in the complaint or in a counterclaim.
The last condition is the one people miss. Section 1526 says the right ends if it is not claimed in the divorce case, so you cannot divorce first and ask later.
There is a special rule in section 1527. If the divorce is granted because the other spouse has been of unsound mind (section 1516 (7)) or has a serious communicable disease (section 1516 (9)), the spouse who sued must provide a living allowance to the sick spouse, assessed by analogy with section 1526.
What do Thai courts consider, and how much is paid?
The court has full discretion to award an allowance or refuse it. Section 1526 directs it to consider the payer's ability to pay and the recipient's situation, and there is no formula.
In practice, useful evidence includes your income before and after separation, whether you stopped working to care for the family, your health and age, your essential monthly costs, and what you know of the other spouse's income and assets.
Section 1526 also applies sections 1598/39 to 1598/41 with necessary changes. That means the amount can later be varied when circumstances change, and the right cannot be waived or transferred.
Lump sum or monthly payments?
The default under section 1598/40 is periodic payments in money. The parties can agree a different form, and where there are special reasons the court can order another method.
A lump sum can make sense when the payer lives abroad or has an uncertain income, because it avoids the problem of enforcing monthly payments across borders. It has to be negotiated or justified to the court.
When does alimony end?
Under section 1528, the right ends if the recipient remarries. A new relationship that is not a registered marriage does not end it automatically, although it may be a change of circumstances that justifies an application to vary the amount.
The payer can also ask the court to reduce or cancel the allowance under section 1598/39 if their own income falls or the recipient's situation improves.
If there is any chance you will need spousal support, decide before the divorce case is filed. Once judgment is given without a claim, section 1526 leaves no second chance.
How is Thai alimony different from Western alimony?
Spousal maintenance in many Western systems is assessed mainly on need and the length of the marriage, whoever caused the breakdown. The Thai rule is much narrower.
| Question | Thailand (s. 1526) | Typical Western approach |
|---|---|---|
| Does fault matter? | Yes, the other spouse must be solely at fault | Usually not decisive |
| Consent divorce? | No statutory right; only what you agree | Often available by agreement or court order |
| When to claim? | In the divorce case, or the right is lost | Often during or after the divorce process |
| Ends on remarriage? | Yes (s. 1528) | Commonly yes |
| Can it change? | Yes, on changed circumstances (s. 1598/39) | Usually yes |
If you have a choice of country for the divorce, this difference can matter more than any other. See Divorce in Thailand for Foreigners for the Thai routes and Contested Divorce in Thailand for how fault is proved.
Frequently asked questions
Can we agree alimony in an amphur divorce?
Yes. Spouses can write an allowance into the divorce agreement registered at the district office. It is then a contractual promise, so state the amount, payment dates, duration and when it stops.
Can the spouse who caused the divorce claim alimony?
Not under section 1526, which protects only the spouse who was not at fault. Both spouses still keep their right to an equal share of marital property.
Is a stay-at-home spouse guaranteed alimony?
No. Having no income helps show hardship, but you must still prove the divorce was caused solely by the other spouse and claim it in the case.
Can I get support while the divorce case is pending?
Spouses owe each other maintenance during the marriage under section 1461, and maintenance between spouses can be claimed under section 1598/38. Ask your lawyer whether an interim request fits your case.
What should you do first?
Write down your income before and after separation, your essential costs and the facts that show who caused the breakdown. Then decide, with advice, whether a court claim is realistic.
Because the claim must be made in the divorce case itself, speak to a Thai family lawyer before you file or answer a divorce complaint.
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