Alimony calculation based on duration of marriage:-
As mentioned above, courts are now awarding alimony based on the need of the spouse and not just the earning capacity of the husband.
This has opened the doors for many housewives to be awarded alimony. Here’s how the courts calculate alimony for a housewife after divorce: The courts will first decide on the amount of alimony to be awarded to the housewife. It is necessary to know What is alimony in India?
Thereafter, they will decide on the number of years the housewife will receive alimony. For example, if the housewife is awarded INR 10,000 per month as maintenance, the courts will decide on the number of years she will receive this maintenance.
In India, alimony is considered a form of maintenance. It is a sum that a spouse pays to the other spouse for their financial support. It may be paid in the form of money, goods or services. Alimony is not awarded in all divorces.
It is only awarded if there are children involved and one of the spouses is unable to maintain themselves due to illness or disability. In cases where the spouses are able to maintain themselves, alimony is not awarded. Alimony is calculated using the following formula: (Spouse A’s Gross Income – Spouse B’s Monthly Living Expenses) x 12 months = Alimony amount.
How much is alimony for a short marriage?
If you have been married for less than 7 years, you will be eligible for alimony from your spouse. However, if you have not been employed and have taken care of the home, you will be eligible for alimony only if your spouse is earning less than what you need to live a dignified life. For example, if you have been married for 3 years and have been taking care of the home and children, you will be eligible for alimony only if your spouse earns less than what is necessary for you to live a dignified life.
In this case, you will be awarded alimony based on the duration of your marriage. A short marriage will not result in a large amount of alimony, as the courts will only award maintenance until you are financially independent again.
How much is alimony for a long marriage?
If you have been married for more than 7 years, you will be awarded a lump-sum amount as alimony. The amount of alimony awarded for a long marriage will be significantly higher than what is awarded for a short marriage.
This is because you will be awarded alimony as compensation for the long years of marriage without any salary and taking care of the home and children.
However, if you have been employed and earned a salary throughout your marriage, the courts will take this into account and award a lesser amount as alimony for a long marriage.
In most cases, alimony amounts range from ₹ 30,000 to ₹ 50,000 per month depending on how much the other spouse earns and how much they spend on living expenses each month. Legal separation allows an Indian spouse to apply for an alimony order from a court. The court will then decide if it is financially fair for the receiving spouse to receive this sum of money each month.
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