Indians should possess basic knowledge of Indian alimony laws including other divorce laws particularly those couples who are considering filing a divorce. Quite often it becomes difficult for people to apply for a divorce because of their lack of knowledge of alimony laws. Also, there are several divorce Laws that we need to understand for their proper execution when going through divorce procedures.
Alimony and maintenance – a very thin line
Alimony is an amount to be paid by the economically stronger spouse to a financially weaker spouse. Generally, Alimony is given by husbands to their wives for sustenance. Under the alimony laws, alimony is given after the divorce. Whereas maintenance is the sum of money paid by one spouse to another before the divorce, covering all the court’s expenses.
Who can get Alimony or give Alimony?
Payment of alimony can be monthly and it can be a one-time agreement. It is too into an account if one partner is financially stable and others may need assistance. Often it is for those who are in marriage relations for a long time, more than 5 years. Consideration of many factors before deciding the amount of alimony such as the income of the partner, their assets, and more. Marriages that last for 10 years qualify for lifelong alimony from the partner. If one spouse is not well health-wise another spouse will have to support and provide financial medical aid.
Exemption of Alimony
When to pay alimony is based on the other person’s financial status, net worth, the person has the same standard of living as the other spouse. Although he can’t deny paying if it demanded. If the wife is a working woman and has the same financial status when she had while marrying, in that scenario husband have the authority to deny the payment to the wife but he still has to pay for his child’s expenses to support. Also, if the wife remarries husband does not have to pay the alimony. It concludes 25% of the husband’s gross salary.
What is the amount for alimony?
There is no certain amount for the money that is to be pay. Deciding on the basis of the husband’s salary; alimony can fluctuate with the rise and fall in the husband’s income. It can be from one third to one-fifth of the husband’s salary. Alimony doesn’t include child support as it still has to be paid for maintenance.
If the woman is not working then evaluation of the sum of alimony is based on education qualification, age, ability to work, etc.
Mutual consent under Indian Alimony Laws
In a scenario where divorce is mutual, both husband and wife have the authority to decide the alimony according to themselves however that who will pay, and whom to pay. If the parties are not able to agree on terms, in such a scenario the court announces the decision.
India Alimony Laws- gender-biased?
In India, Alimony laws are not gendered biased rather they are gender-neutral. It is not just the men who pay the alimony but in several cases, even women pay alimony to their financially weaker ex-partner. The position of women in India, even in modern times are not so impressive, although situations have got better. Hence these laws are no gender-biased rather there to protect women which is the requirement of today’s times.
Flaws- Indian Alimony Laws
Divorce is the end-stage of a relationship where a couple decides they are better off without each other and if they split it will restore their happiness. Incompatibility between spouses causes friction in relationships, producing hostility, constant argument, hard difficult life, and a lost sense of peace. In such cases, divorce may be hard but is the right thing to do. At times of divorce, both partners are going through emotional turbulence, and in such conditions, the women get the financial relief that she needs, however, the husband gets additional pressures of finance along with getting emotionally weak.
Unfair payment of alimony
According to Indian alimony laws under divorce laws, the economically weaker spouse would receive financial help from the economically better partner. This means that the husband or the wife would have to support the other spouse. Even if the difference in their salary is quite less. Even if the economically inferior spouse could take care of themselves after the divorce.
No clean slate
According to Indian alimony laws if the alimony receiver remarries the other ex-partner would no longer need to provide alimony. However, if the supporting ex-partner remarries and starts a new life with another partner. They would still have to pay the amount according to the Indian divorce laws. It is difficult for the supporting ex-partner to start on a new clean slate and break off ties with their previous fail relationship completely.
Paying alimony even if the wife indulged herself into adultery
If a husband files for a divorce based on the reason that his wife committing adultery i.e. having sexual relations outside marriage than the wife is not eligible for alimony. However, it is only applicable, if the husband is able to prove adultery with evidence and proving adultery is difficult. Additionally, after proving adultery the husband would still have to pay the alimony in Indian divorces. If there were claims made and proved such as that of domestic violence. The husband is impotent or the husband being hostile and the wife sought emotional support from someone outside the marriage. There are risks of fraud in such cases.