Section 1461 — Duty to live together and maintain
Statutory text (Thai original)
คู่สมรสต้องอยู่กินด้วยกันฉันคู่สมรส
คู่สมรสต้องช่วยเหลืออุปการะเลี้ยงดูกันตามความสามารถและฐานะของตน
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Spouses must live together as spouses.
Spouses must maintain and support each other according to their ability and their condition in life.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 1461 establishes the affirmative duty of mutual support. "Cohabit" doesn't require literal living together every day (work assignments and travel are accepted), but persistent voluntary separation by either spouse without justification may amount to desertion under §1516(4) divorce grounds. Practical use: §1461 supports claims for spousal maintenance during marriage when one spouse refuses to provide for the other despite means.
Why this matters in practice
For lawyers: a failure to provide maintenance proportionate to the supporting spouse's means can ground a divorce action and a separate claim for maintenance under §§1461–1526. For clients: if your spouse refuses to support the household financially without good reason, you may apply to court for maintenance or invoke this as a divorce ground.
Legislative history
Amended by the Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025: gendered terms ('husband' / 'wife') replaced throughout with 'spouse' (คู่สมรส); the mutual-support duty now applies equally to all married couples regardless of gender.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3192/2549 (2006) ★ Landmark
Breach of the cohabitation and maintenance duty under §1461 is a ground for divorce, not an automatic termination of marriage.
Section 1461 governs the spousal relationship after marriage; a breach may ground a divorce petition under §1516(4) or (6), but it does not automatically dissolve the marriage — only a court judgment does that.
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Supreme Court Judgment No. 5004/2538 (1995)
The maintenance obligation tracks the supporting spouse's actual means; a change in financial circumstances can trigger or increase the duty.
The duty under §1461(2) to maintain a spouse is proportionate to ability and station in life; once the supporting spouse received an inheritance and their means improved, the court ordered maintenance to be paid from that date forward.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.