The provision of financial support from one spouse to another following a divorce is known as alimony. It is typically given when a spouse is unable to meet his or her own basic needs. Alimony may be paid to either spouse under Indian law, however, it is typically given to the wife by the husband. In India, there are two sorts of alimony: interim maintenance, which is paid while legal separation proceedings are ongoing, and final maintenance, which is paid at that time.
According to Section 25 of the Hindu Marriage Act, the wife
or husband is entitled to permanent alimony for support and maintenance. Even
if the wife works and her income still differs significantly from her husband,
she will still be given alimony to maintain the same quality of living that her
husband provided. All will that would be possible with the assistance of a divorce lawyer in Delhi
If the woman is not currently working, the amount of alimony
will be determined by taking into account her age, educational background, and
potential for future employment. The husband may be awarded alimony by the
court if the wife is earning and the husband is unable or unwilling to work.
What is the process
used by Indian courts to determine alimony?
The amount of alimony that each spouse must pay to the other spouse is not determined by a predetermined formula or rigid guideline. The alimony payment can be made in the form of a lump sum as a one-time payment or as a monthly or recurring payment.
The Supreme Court of India has determined that 25% of the
net monthly wage shall be provided to the wife by the husband if the alimony is
being paid in the form of monthly installments. If alimony is paid as a lump
sum, the amount typically falls between one-fifth and one-third of the
husband's total net assets.
The following additional elements are taken into account by the court when determining the amount of alimony:
- Social standing and standard of living of both partners.
- The earnings of both the husband and the wife, as well as other assets like properties
- Spouse's dependents and obligations
- Cost of raising and educating a child or children
- Age and overall health of both parties
- The length of time the couple has been wed
- The actions and behavior of each party
The court award alimony in accordance, taking into account a
variety of variables and the unique circumstances of each case. There are
therefore no predetermined alimony sums because every couple's circumstances
are unique. Also the lawyer you hire impacts much on your alimony case, so it
is suggested to always hire a skilled family lawyer in Delhi
How does alimony gets calculated?
- When alimony is paid irregularly: Alimony is established at 25% of the husband's total monthly income when it is paid irregularly or monthly. In one of its rulings, the Supreme Court of India said that this benchmark level of 25% has been likewise just and proper. However, it's crucial to keep in mind that alimony does not have any established guidelines because every case has unique circumstances and facts.
- When alimony is given in one single sum: The divorce, alimony guidelines state that there is no predetermined benchmark amount of one-time settlement alimony. It is paid as a flat sum and can be as much as 1/5th or 1/3rd of the husband's total net assets.
- If the wife is employed and making a good income: If the woman is employed and generating a respectable income, both of their incomes are taken into account. The Court marriage lawyer in Delhi determines whether or not to award alimony to the wife based on these details. If so, the court also decides the amount after taking all relevant information into account.
- If the husband's income is lower than his wife's: If his income is lower than his wife's or if he doesn't work at all, a Hindu husband may ask his wife for alimony. These situations are uncommon.
Either party may petition the court if circumstances change
after the permanent alimony decision has been made. These modifications could
include the wife remarrying, the wife beginning to earn more than her husband,
the husband becoming financially incapable of supporting his wife, the spouse
paying alimony beginning to earn more, or the spouse receiving alimony becoming
wealthier. One can go to court in any of these situations to see whether there
is room for change.
If you know more about the alimony process than contact lead
India, we have skilled staff and experienced family lawyers in Delhi who are
ready to help you. Contact us for any queries
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