Introduction
Alimony, spousal support, or maintenance is a monetary arrangement by one spouse to the other in case of separation or divorce. Alimony provides financial justice and assistance to the economically weaker or incapable spouse so that he or she can lead a self-sufficient life after marriage.
Alimony helps in keeping the dignity and livelihood of the dependent spouse intact once the marital bond is broken. Divorce Attorneys guide you regarding your rights and advocate a proper alimony settlement so that you get or pay an equitable amount in accordance with your situation. It is important to consult a good lawyer and at Prime Legal our divorce lawyers will help you understand your rights and fight for a fair alimony settlement.
What is Alimony?
Alimony refers to the financial assistance given by one of the spouses to the other following divorce or separation.
Alimony is different from child maintenance in that it is for the support and care of the spouse rather than the children. Alimony is directed at meeting the reasonable needs of the spouse and his/her capacity to enjoy a lifestyle comparable to what they had during marriage.
Applicable in both mutual and contested divorces
Alimony is granted in both mutual divorces and contested divorces. In mutual divorces, the parties mutually agree on the quantum of alimony, whereas in contested divorces, the court grants alimony based on evidence and facts presented.
Legal Grounds for Alimony in India
Claims for alimony in India are regulated by various laws that suit various religions and forms of marriage:
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS): A secular provision to all citizens, enabling spouses who cannot support themselves to receive maintenance.
Hindu Marriage Act, 1955: This act has the provisions for the permanent and ad-interim alimony under Sections 24 and 25.
Special Marriage Act, 1954: The act regulates the maintenance in inter-religious marriages under Sections 36 and 37.
Parsi and Christian Laws: This Specific personal laws also make provisions for maintenance and alimony rights.It is to be noted that, for a breakdown of religion -wise laws, Grounds for Divorce under Hindu, Muslim, Christian, and Special Marriage Acts
Who Can Claim Alimony?
Primarily the wife, but husbands can also claim
Although alimony is mostly sought by wives, husbands can also seek it under special circumstances. Courts acknowledge that men can be dependent on their wives financially.
Factors where husband may be dependent or unable to earn
Certain factors such as disability, sickness, or unemployment maybe considered for alimony. However, the claims by husbands are exceptional and must be backed by solid proof of dependency. The law is neutral in theory, but social attitudes and economic facts tend to make wives the usual claimants.
How is Alimony Amount Determined?
Key factors considered by courts:
Courts take several factors into consideration while determining the amount of alimony:
1. Duration of marriage:
Marriages that are longer tend to have greater alimony because there is greater financial interdependence.
2. Income and Assets of Both Parties:
Both spouses’ earning capacity, income, and assets are important. If both spouses earn equally, alimony can be negligible or even unnecessary.
3. Standard of Living:
Courts endeavour to keep the spouse’s living standards in line with those during marriage.
4. Age and Health:
Age or ill spouses can be given more alimony to pay medical and living costs.
5. Child Custody and Caregiving Responsibilities:
If there is a custodial or caregiving responsibility, the court includes the extra financial cost.
6. Fault (in Contested Cases):
In a few cases, the behaviour of the spouses, e.g., cruelty or desertion, may impact the decision on alimony. For us to understand how child custody affects alimony, read how is child custody decided after Divorce in India. Reading this will give us an overall understanding of the matrimonial settlements.
Types of Alimony in India
Alimony can be classified on the basis of timing and mode of payment:
1) Interim Maintenance:
Paid during the course of the divorce proceedings to maintain the dependent spouse till final decree.
2) Permanent Alimony:
Awarded once the divorce is finalized, as a lump sum or regular payments.
3) Lump-sum vs Monthly/Periodic Alimony:
The court can grant payment in one lump sum or instalments per month based on the merits of the case and paying spouse’s ability.
Can Alimony Be Waived or Settled in Mutual Divorce?
Yes, by mutual agreement
Yes, alimony can be waived or settled amicably between the spouses in a mutual divorce. The parties can mutually agree on the amount and conditions of alimony, which is examined and ratified by the court to ensure voluntariness and fairness.
Court’s role in approving settlements
The court acts as a watchdog to avoid exploitation or unfair settlements.
For further clarity on the matters of mutual and contested divorce, you can learn more in our guide on Mutual Divorce vs Contested Divorce
Can Working Women Get Alimony?
Yes, depending on income gap and lifestyle
Alimony can be claimed by working women based on income disparity and difference in lifestyles. If both the spouses have similar incomes, alimony might be small or zero. But homemakers or lower-income women usually get greater consideration for alimony to make up for their economic dependence and sacrifices made during marriage.
Homemakers often receive higher consideration
Courts recognize the unpaid domestic work done by homemakers while determining alimony, therefore they usually receive a higher consideration at the time of divorce.
What If Alimony Is Not Paid?
Legal remedies available: If alimony is not paid according to court order, legal remedies can be sought by the aggrieved spouse.
Execution of Court Order: Payment can be enforced by the court through attaching property or salary.
Imprisonment or property attachment in some cases: In certain instances, non-payment of alimony may result in imprisonment of the defaulting spouse until payment is effected. Non-payment is handled seriously to secure the financial entitlements of the dependent spouse.
Conclusion and Legal Assistance
Alimony is a critical component of Indian divorce law, providing financial security and equity after separation. Its calculation relies on numerous personal and financial considerations, and expert guidance is required to unravel the complexity.
If you require assistance in determining equitable alimony or protecting your rights, get in touch with our divorce law specialists in Bangalore for an appointment. Expert counselling can yield a big impact in achieving a fair result. If you need help calculating fair alimony? Contact our best divorce lawyers in Bangalore for a consultation.
FAQs
1) Is alimony always required in divorce?
Alimony is not required in all divorces but is granted according to the economic needs and abilities of the spouses.
2) Do alimony payments ever cease?
Alimony payments can cease if the receiving spouse remarries or if the court alters the order because circumstances have changed.
3) Do I pay alimony if I become unemployed?
If the spouse receiving payment loses income, they may go to court to adjust or suspend alimony payments for a temporary time.
4) Does wife receive 50% after divorce in India?
No fixed 50% share rule; alimony and division of property is subject to the court’s discretion and circumstances of the case. Indian alimony laws attempt to maintain fairness and financial justice for both the spouses. Knowing your rights and taking professional legal assistance is important to safeguard your interests at the time of and after divorce.
