Alimony, or spousal maintenance, is an amount paid by one spouse to another after divorce.
This financial assistance is given to the spouse who is unable to maintain the same standard of living as before due to various reasons such as not being able to find a job post-divorce, taking care of young children or getting sick and not being able to work.
Even though there are many misconceptions about alimony payments in India, this article will clear up all your doubts regarding alimony under Indian law. Read on…
What is alimony Laws under Indian Penal court?
Alimony is a monetary assistance paid by one spouse to another after divorce in order to maintain the same standard of living as before. The concept of Alimony Laws in India to the spouse is present in different cultures and countries. In India, the concept of alimony has been present since the Hindu Marriage Act of 1955 and the Indian Divorce Act of 1869.
When is an alimony mandatory?
An Alimony is mandatory if one spouse is unable to maintain the same standard of living as before after divorce due to various reasons such as not being able to find a job post-divorce, taking care of young children or getting sick and not being able to work.
In some cases, a court may decide to give one spouse alimony based on the financial condition of both spouses. This may also happen if both spouses are financially capable of maintaining their standard of living as before post-divorce.
How much is the alimony amount in India?
The Indian law mainly deals with the concept of alimony till an amount is decided by the court. The one who is asking for alimony and the one who is paying alimony are supposed to present their financial information to the court.
The court shall decide the amount of alimony that is to be paid. The person paying alimony can appeal against the amount that was decided by the court if he/she feels that it’s too high or too low.
The person receiving alimony can also ask for a revision in the amount if he/she feels it is not sufficient for their needs. The court can decide the amount based on various factors such as the financial condition of both spouses, the duration of the marriage, the age of both spouses etc.
Other types of alimony in India.
Apart from the alimony that is to be paid by one spouse to another after divorce, there are other types of alimony that the court can decide to give, such as an alimony to a wife due to her inability to work, an interim alimony, alimony while divorce is being processed, a lump-sum alimony, etc.
Apart from alimony, a court may also decide to give a spouse maintenance to his/her spouse, child custody, child support, housekeeping and other miscellaneous expenses.
Now that you know what alimony is and how it can help you in difficult times, don’t hesitate to ask for it if you are entitled to it. With the information in this article, you can make informed decisions about alimony.