Alimony and Spousal Support law in Sri Lanka: Key Facts

1. Introduction
   • Alimony, also known as spousal support, is financial assistance paid by one spouse to the other after separation or divorce.
   • In Sri Lanka, spousal support laws are governed by the Matrimonial Rights and Inheritance Ordinance and case law.
   • The court decides on alimony based on various factors, including the financial standing of both parties.
2. Eligibility for Alimony
   • Either spouse can request alimony, but the court typically grants it to the financially dependent spouse.
   • Factors considered include:
   o Duration of the marriage
   o Financial disparity between spouses
   o Contributions (financial and non-financial) to the marriage
   o Conduct of both spouses during the marriage
3. Types of Alimony
   • Interim (Temporary) Alimony:
   o Provided during the divorce proceedings to support the lower-earning spouse.
   o Helps maintain financial stability until the final divorce settlement.
   • Permanent Alimony:
   o Awarded after the divorce is finalized.
   o Can be given as a lump sum or periodic payments.
   • Nominal Alimony:
   o A minimal amount granted when the court believes the spouse may need support in the future.
4. Court’s Role in Determining Alimony
   • The court assesses the financial capabilities of both parties.
   • The spouse seeking alimony must prove the necessity for financial support.
   • The paying spouse’s ability to afford alimony is also evaluated.
   • Alimony decisions may be modified later based on financial changes.
5. Can Alimony Be Avoided?
   • If the recipient spouse remarries or becomes financially independent, alimony payments can cease.
   • If the requesting spouse is found guilty of adultery or misconduct, alimony may be denied.
   • Mutual settlements or agreements can replace court-ordered alimony.
6. Enforcement of Alimony Orders
   • Failure to pay court-ordered alimony can result in legal consequences.
   • The recipient can file a case to enforce payment.
   • Courts may order asset seizure or wage garnishment to recover unpaid alimony.
7. Conclusion
   • Alimony laws in Sri Lanka aim to ensure financial fairness after a divorce.
   • Seeking legal advice is recommended for anyone considering or contesting alimony claims.
   • Understanding your rights and obligations is crucial for a fair settlement.
   By staying informed, individuals can better navigate alimony matters and protect their financial well-being.