In the event of a divorce proceeding, the phrase “alimony” means maintaining and continuing to support an individual who doesn’t have any income. After separation, the husband must pay his ex-wife alimony, which is a form of financial assistance ordered by the court.
Alimony is given to the spouse if they don’t have enough money or aren’t employed in a career that would allow them to support themselves after the divorce. Although the Indian legal system allowed for alimony to be paid to any spouse, in practice, husbands typically give their wives the money. Have a look at top divorce lawyers in bangalore
Aspects of Separation Alimony in India
The Indian legal system has established two different types of alimony. In India, alimonies can be obtained from:
The initial payment is a sum that the husband must pay as provisional maintenance while the case is in judgment.
When the legal divorce process concludes, the second sort of compensation is paid all at once.
Requirements for Alimony
The Hindu Marriage Act as well as the alimony procedure are covered in the Indian penal selection of 25. Following the law, if one partner lacks a stream of revenue, the other is required to pay lifelong maintenance to the other.
Working women may also be able to request compensation from their partners if the court is satisfied that their earnings are significantly less than those of their spouse. The sum is provided to preserve her husband-like living standards.
The quantum of alimony for unemployed women is chosen by the court after taking into account their age, degree of education, and earning capacity. On the other hand, if the wife is employed and the spouse is disabled and doesn’t have any income, the court orders the wife to contribute financially to her partner.
Calculating the Sum of the Alimony
The Indian legal system somehow doesn’t adhere to any set guidelines when allocating an alimony payment to a husband or wife.
According to the rules of the Indian Courts, if a partner or spouse is required to pay periodic alimony, they must contribute 25% of their monthly salary. When it comes to one-time expenditures, there is currently no hard and fast rule or benchmark. But in these situations, the husband or wife is required to pay anything from 1/5th to 1/3rd of their total wealth.
To determine the appropriate amount of alimony, the court takes into account several variables. Before approving alimony, the court may take several considerations into account. These are the contributing elements.
- Net value and income of the husband or wife’s possessions. If applicable, the court weighs the actions of both the husband and wife.
- Obligations of the married partner, such as to their dependant parents.
- Age, socioeconomic position, and environmental exposures for the marriage as a whole.
- The length of time that the couple has been wed.
- Responsibilities of the husband or wife for raising and educating the kids.
Duration of Maintenance Support payments
When interim spousal support is required, either the husband or the wife must assume duty for 15 to 2 months. The duration of permanent maintenance, however, ranges from five to twelve months.