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Divorce

Busting Facts and Myths on Alimony in Divorce

Know the importance of understanding alimony facts and dispelling myths during divorce. Alimony is not a permanent solution but aims to support the lower-earning spouse through the transition. Each case is unique, considering various factors for appropriate spousal support. Seek professional legal advice for navigating alimony complexities in your specific situation.

Introduction

A divorce is a life-altering event that can significantly impact the financial situation of both parties involved. One crucial aspect that often arises during divorce proceedings is alimony, also known as spousal support or maintenance. Alimony is the financial support provided by one spouse to the other after the dissolution of marriage. However, there are several misconceptions surrounding alimony that need clarification. In this article, we will explore some common myths and facts related to alimony in divorce cases.

What is Alimony in Divorce?

To differentiate between facts and myths, you first need to understand alimony. The word ‘Alimony in Divorce’ originated from Greek, which means sustenance. It is a legally decided amount payable by spouses to their partners to financially support them after divorce, regardless of gender. It is such a debated topic, and such debates have given birth to some myths that travel faster than light among the common people unaware of the law. 

#Myth 1 – No Job, No Need to Pay Alimony in Divorce :-

The most common myth is that if the spouse doesn’t have a job, they won’t have to pay any alimony to their partner. 

Fact: This might hold up to some extent, but the amount of alimony to be paid is decided by the courts through different criteria. Quitting your job will only modify the paying methods, eliminate a small chunk of the amount payable, and provide you with some more time instead of eliminating Alimony in Divorce. If caught cheating on the law to escape it, you will surely get into real trouble. Even if you don’t have a job, alimony can be awarded based on your financial assets. Thus there’s no way of escaping it.

#Myth 2 – Permanent Alimony in Divorce Is for the Lifetime:-

Alimony in Divorce is paid by the spouse in order the support their partner. It is a temporary measure designed in the law to help one financially. 

Fact: The duration of alimony to be paid, the amount is to be decided by the court. Even if it is permanent, it may last until the partner remarries or becomes financially stable to take charge of their expenses. Alimony ends with the death of the spouse paying it. In most cases, it is given only for a short period to help the party receiving it build their career or get a better job and find ways to increase their income.

#Myth 3 – Alimony Is Only for Women:-

This is another common myth among people that men can’t claim money during a divorce. Whatever the condition may be, it is to be paid by men only. 

Fact: This has happened because, more often, the wife receives it in most cases. This is false, and there is no such thing in the law. It is decided based on criteria like the income of both spouses, and their financial status, regardless of gender. As the number of earning women increases, many husbands handle the household. In such situations, men can also claim money. There is no gender-specific clause in the law for alimony. It can be claimed by anyone who needs it. Click to Learn more about How to Apply for Alimony in Divorce.

#Myth 4 – Alimony Is Just Free Money:-

Most people assume that it can be used any way they want. 

Fact: The main purpose of alimony is to support one’s living. It is a taxable amount (if it is paid through recurring payments), and if the court is aware of the money’s misuse, it may be stopped. It is intended as financial aid to the receiving party. It is not meant to be used on any frivolous purchases. 

#Myth 5 – Bad Behaviour of Your Spouse Means More Alimony for You:-

Most people pre-assume that if their partner behaves badly with them during their marriage, it will result in more alimony after the divorce. 

Fact: This is completely false, as all such conditions are considered no-fault, and thus, they can’t be used as punishment. The amount of it is entirely awarded based on financial assets, income, and other factors. Though such conditions might not work in increasing the amount of money, they become valid reasons for your partner to demand money in court. 

#Myth 6 – Divorce Means Alimony 

It is only to be paid if you are undergoing a divorce, but that doesn’t mean it is to be given in all divorce cases. 

Fact: In cases where both spouses have high incomes and can maintain their standard of living after the divorce on their own, the condition for it is ruled out. 

#Myth 7 – Alimony Is a Right for a Spouse

You are obligated with child support, but that’s not the case with alimony. 

Fact: While your spouse has the potential to demand money in front of the law, they may or may not receive it based on the conditions during the case. No one is directly entitled to receive it; in some cases, it might not be given at all. So, the statement that it is a spouse’s right after a divorce is just a myth. 

#Myth 8 – Alimony Is Half of the Income of the Paying Spouse

Fact: It is correct that it is received by the party with less income or requires financial help after a divorce. Still, it doesn’t try to equalise the financial status of both parties. Rather it is decided based on the financial needs of the party receiving by the court. It focuses on maintaining both spouses’ standard of living rather than financial conditions.

#Myth 9 – Alimony Agreements Are Final

Many people think that the agreements, once made, are final and no changes can be made. 

Fact: Alimony agreements are prepared based on financial conditions during the divorce, and as conditions don’t remain constant, so do Divorce Agreements. The court makes changes accordingly in the agreements after supervising the current conditions. In some cases, agreements can be completely cancelled if the receiving party no longer needs financial aid.

#Myth 10 – Alimony is Calculated Based on Gross Income:

One prevalent myth surrounding alimony is that it is solely calculated based on the gross income of the paying spouse. While income is a critical factor, it is not the only consideration. The court takes various factors into account, such as the duration of the marriage, the standard of living during the marriage, the financial needs and resources of both parties, and their age, health, and employability, among others. The goal of alimony is to provide fair and reasonable support, considering all relevant circumstances.

#Myth 11 – Alimony Will Help the Former Spouse Maintain Their Standard of Living:

Another misconception is that alimony is meant to help the recipient maintain the same standard of living they had during the marriage. In reality, alimony aims to assist the lower-earning spouse to transition to a stable financial position post-divorce. It is not intended to be a long-term arrangement, and its duration may vary based on the individual case. The purpose of alimony is to provide necessary support to the recipient while they acquire the skills or resources needed to become self-sufficient.

Click here to know more about how to apply for divorce

Frequently Asked Questions (FAQs) on Alimony:

1. In which case alimony is not granted?

Alimony is not an automatic entitlement in all divorce cases. Whether or not alimony is granted depends on various factors, including the financial needs and resources of both parties, the length of the marriage, the contributions of each spouse to the marriage, and their respective earning capacities. If the court finds that a spouse is self-supporting and can maintain a reasonable standard of living without financial assistance, alimony may not be awarded.

2. Can a wife claim 50% of the husband's property?

The division of property and the awarding of alimony are two separate issues in a divorce. While alimony is based on the financial needs and resources of the spouses, the division of property is usually determined based on the principles of equitable distribution. In many jurisdictions, including India, the division of property is not necessarily an equal 50-50 split, but rather an equitable distribution based on various factors, including the contributions of each spouse to the acquisition of the property and their respective financial circumstances.

3. Can an educated wife claim maintenance?

The ability of a wife to claim maintenance (alimony) does not solely depend on her education level. As mentioned earlier, alimony is granted based on various factors, including the financial needs and resources of both parties. If the wife, regardless of her educational background, lacks sufficient means to support herself after divorce and meets the criteria set by the court, she may be eligible for maintenance.

Conclusion – Facts and Myths on Alimony

There are a lot of facts and myths on alimony around it. The reality is that there are a lot of factors that go into determining it, and it can be very complicated. There is no one-size-fits-all answer to knowing facts and myths about alimony.

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