Spousal support is not very common with divorces when it comes to expatriates as people tend to leave Thailand once they divorced. It is however not uncommon between Thai’s and becomes part of the divorce settlement with maintenance for the children. Many do opt for mediation in Thailand as the Family Courts in Thailand are busy and the wait times can become very long. There is also permanent spousal support as well as reimbursement support.
Spousal support is going to depend on many factors which the courts will look into. There are a number of options that are looked at with regard to spousal maintenance.
Defending a Divorce in Thailand can be costly. If you have received notice that your Thai wife is wanting a divorce and that she may also have filed for compensation. You will then have to defend yourself in the Thai courts. There are a number of issues in Thailand but there is normally also a defense during these times. Most divorces in Thailand tend to revolve around gambling debts or extra-marital affairs in Thailand.
The first is temporary support which you will find when an application is made for this at the start of divorce proceedings. There is also rehabilitative support after the divorce in order for the other party to start a career again. There is also reimbursement support and permanent support.
Your ex-wife or husband can apply for this when the divorce proceedings start. This to cover their living costs while the divorce proceedings start. This is not unheard of and it does occur especially when the woman is a housewife. This will be temporary support until the court makes a final ruling on spousal support. This is to ensure that your Thai wife who may be a housewife is not left destitute while the divorce proceedings start.
This occurs when your wife was a housewife and because of the divorce will now need to enter the job market again. The court will make a ruling as to how much and for how long this would be needed. The older or less qualified your wife the more difficult this will be. The court will decide what is best and fair in this situation.
This is permanent support and this would normally have a sunset clause that stops payments when your ex-wife gets married again or you die. This is not uncommon but as stated there are not many expatriate divorces that end in this way with spousal support. You will need to speak to an attorney about this or try legal mediation to find a better solution.
Normally this is to compensate the other partner for expenses during the marriage. Let’s say she paid for your education and this needs to be reimbursed. With mediation however as explained in an example, it is not uncommon for an ex-spouse to settle for her education to be paid for as a full and final settlement in view of spousal support.
Depending on the reasons for the divorce as there could also be a claim for damages. You will need to speak to a family lawyer in Thailand for proper advice and assistance. If the reason for the divorce is your own behavior and you cannot defend this. Then you may be open to settling a damages claim with a settlement for spousal support. Each divorce case is different so you will need personal legal advice for what is best in your current circumstances. Spousal support (Alimony in Thailand) can take a number of different roads when it comes to a settlement.
Consider the above as a guide and not as legal advice as each divorce has its own problems. Speak to a family lawyer today in Thailand for further advice and legal help.
The information contained on our website is for general information purposes only and does not constitute legal advice.
The ending of a marriage in Thailand occurs under 3 conditions such as at death, divorce or an annulment of marriage.
If you are considering filing for divorce in Thailand you need to see the grounds for divorce in Thailand.
Disputed divorces can be a lengthy and very costly affair in Thailand as the courts are full and the time allocated normally long off.
If you are getting divorced in Thailand by mutual agreement, you have to have a signed divorce agreement to hand to the local Amphur.