Alimony is the term used commonly to refer to spousal support and maintenance which is paid by one spouse to the other spouse either in a separation or divorce scenario.
Alimony can be a lump sum amount or a monthly payment.
How the Alimony Amount is Decided?
The amount paid is decided by the court after considering various factors and facts of the case.
The facts include duration of the marriage, the age of the spouses, the standard of living by both spouses, earning capacity of the spouses, the employability of the spouses, the health and other additional factors.
The word alimony comes from the Latin term Alimony, which means sustenance. In common usage, it means financial support for a spouse.
Alimony is a legal term that refers to the financial support paid by one spouse to another. It is often ordered by a judge in a divorce proceeding in order to maintain the financial stability of the lower-earning spouse and his or her children. It is sometimes referred to as spousal support or spousal maintenance.
Alimony Laws After Mutual Divorce:-
Alimony is the financial support paid by one spouse to the other spouse after divorce. The spouse who pays alimony is called the alimony payer, and the spouse who receives alimony is called the alimony recipient.
The purpose of alimony is to allow dependent spouses to maintain the standard of living they enjoyed during the marriage, or at least an approximation of that standard. It is sometimes referred to as spousal support, spousal maintenance or spousal support, although it is different from child support, which is a payment from one parent to the other parent (or guardian) of a minor child.
The word “Alimony” is derived from Latin word “Alimonia” which means sustenance. Alimony is an allowance paid by one spouse to the other spouse to meet their expenses.
Mutual divorce is a divorce obtained by both the spouses together. In India, getting a mutual divorce is a lawsuit in which both the spouses are the litigants. In mutual divorce suit in India both the spouses are the plaintiff and defendant.
Alimony laws in India are based on the grounds of marriage, companionship, and child-rearing.
As per the Hindu Marriage Act of 1955, the court can state the provision of alimony that has to be provided by one spouse to the other.
The section 23 of the Hindu Marriage Act, 1955, states that the court can fix the periodical payments of alimony which may consist of a lump sum payment.
Conclusion:-
The alimony system in India is a bit different from other countries. It is constantly changing with each new court ruling. One thing that hasn’t changed is the fact that alimony payments are not tax deductible for the payer.
Other countries allow the recipient to claim alimony as a deduction, but India does not.
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