Who Can Ask For Alimony & How Alimony Is Decided By The Court?

Alimony

Alimony means amount ordered by the court to one spouse. It is generally paid by the husband to the wife for sustenance while or after going through a divorce.

DIFFERENCE BETWEEN ALIMONY AND MAINTENANCE

At the time o the divorce the money granted or given by one party to another party is called maintenance. When the two parties are legally divorced or separated the money paid after that is alimony.

WHO CAN ASK FOR ALIMONY?

According to law, Under the Hindu Marriage Act, the husband and wife can ask for alimony whereas under the special marriage act only the wife can ask for alimony.

HOW ALIMONY IS DECIDED BY THE COURT

The court considers the following factors of the Husband and Wife:

  1. Net Worth
  2. Living standards.
  3. Financial needs.
  4. Duration of marriage.
  5. of children.

How much Alimony is granted by the Court?

The range is from one-fifth to one- third of the gross earnings of the spouse who has to pay alimony. In simple words, if one of the spouse has an earning of Rs 1 crore he/she has to pay 1/5th -1/3rd of the earning

CAN ALIMONY BE CLAIMED AT ONCE?

The alimony amount can be claimed as one time or as a fixed payment which can be given on monthly or quarterly. The amount depends completely upon the requirement of the receiver. G.S Bagga and Associates advises its client to choose the entire amount at one time to avoid and be safe from any loss of future payments as the payee party may not be able to pay by any chance i.e. loss of job or dies.

As in India, almost every alimony is paid by the husband therefore certain areas of questions arises

IS THE HUSBAND LIABLE TO PAY ALIMONY IF THE WIFE IS EARNING?

There is not a yes or no answer but certain circumstances which can be the solution to the question is if the wife is working and earning salary fulfilling her living expenses, the court will consider the situation and grant the alimony to wife.

The husband can also claim alimony from his wife under the Hindu Marriage Act, 1955, if the husband is earning less than the wife.

IS THE HUSBAND LIABLE TO PAY ALIMONY IF THE WIFE REMARRIES?

Yes, the husband can stop the payment or reduce the amount of the alimony but he has to pay alimony to support and manage any children if the husband and wife have.

IF THE HUSBAND DOES NOT PAY THE ALIMONY?

After the order is passed by the court, the spouse who is entitled to pay alimony has to pay within the timeline that the court has given and if the husband fails to pay the alimony than the court will impose penalties on the spouse.

Alimony in Mutual Consent and Contested Divorce?

Mutual Consent Divorce – the decision depends on the parties.

Contested Divorce – the decision depends on the court.

IF THE ALIMONY PAID BY THE HUSBAND MAKES THE WIFE RICHER CAN THE PAYMENT OF ALIMONY BE STOPPED?

If such situation happens the husband can file a case to the court after which the court will proceed with the evidence provided to proof that the wife has become richer by receiver the alimony and compared to what the court has granted.

IF THE SPOUSE STARTS TO EARN MORE AFTER THE ALIMONY GRANTED BY THE COURT HAS TO PAY MORE ALIMONY?

No, if the spouse starts to earn more does not has to pay more and if the spouse receiving demands alimony demands more alimony, it has to be proved in the court the inability to maintain them.

HOW LAWYERS AT THE LAW OFFICE OF G.S BAGGA AND ASSOCIATES HELP YOU?

  1. We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
  2. We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
  3. We help is maintaining the local assets, collect records, liabilities ao that the divorce settlement is addressed.
  4. We ensure that our clients receive the share of property that the marriage has brought in.
  5. We help in protecting our clients from any debt that is owed to the other spouse.
  6. We provide great assistance while preparing the papers for divorce with all the important essentials and information required.
  7. We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
  8. We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
  9. We ensure our best in winning the case for our clients.
  10. We ensure that our clients are taken care of every need and provide the justice that they want.

We are always happy and ready to assist you in your hard time.

We are just a call away!

Please do not hesitate to contact us at 9213782334 or email us at [email protected] or leave a query at our website: www.gsbagga.com or our assistance.

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