Read on to understand what Divorce Alimony in India is and the meaning of different types of alimony in India.
Introduction to Divorce Alimony in India:-
Alimony is the financial assistance given by a partner to his or her spouse after the divorce. The Divorce Alimony in India is given to the partner to enable him or her to sustain a reasonable standard of living after legally ending their marriage. In India, the alimony is decided and ordered by the court.
Although both men and women are equal in the eyes of the law and any partner can be ordered to provide alimony, in India, males are most likely to pay alimony to women after divorce. In contrast, deciding the final verdict of divorce, the court also orders who is responsible for paying the alimony. The court also orders the amount and duration of payment of alimony based on the financial situation of the spouse. It becomes necessary to get Alimony in India.
Types Of Alimony In India
The rules of alimony vary from country to country. In India, marriage is considered a sacred bond and it is assumed that even though the partners get Legal Lawyer Help separated after a divorce, one cannot deny the responsibility towards the other.
Both men and women are treated equally in today’s society, and both have the equal right to seek alimony. But the responsibility and amount of alimony are ordered by the court based on the earnings and financial stability of the partners, and any of them can be held responsible for paying the alimony to the other.
The alimony can be classified as:
A. Recurring Divorce Alimony in India:
The alimony that is to be paid by one party to another on a regular time interval is known as recurring alimony. The alimony can be paid weekly, monthly, quarterly or half-yearly as decided by the court.
B. Lump-sum Alimony:
This type of alimony is disposed of at once. The party responsible for paying the alimony makes a one-time payment, and recurring payments are not required. The party is relieved from the responsibility of payment as soon as the Divorce Alimony in India amount is transferred or paid to the other through cheque or electronic payment.
In a border sense, the following are the different types of alimony in India:
1. Permanent Alimony:
This type of alimony is to be paid in the case when the spouse is a non-working individual. The permanent alimony, as the name suggests, is to be paid eternally by one partner to the other. It can be discontinued only if the receiving partner-
- Dies,
- Remarries, or
- Settles with another person.
Permanent alimony is ordered by the court in the following situations –
(i) When the partner is a home-maker and has never been in employment after the marriage, therefore, has no independent source of income, or
(ii) When the partner is suffering from a chronic infirmity or disability due to which he or she cannot be considered self-sufficient to earn his or her livelihood. You Can get Legal Advice for Divorce Alimony in India!
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2. Separation Alimony:
The alimony paid in the case of separation of couples is known as separation alimony. Separation occurs before divorce when the marriage is not dissolved, but the partners decide to live apart. The alimony is paid until the final settlement of the case, which can give rise to two scenarios:
(i) If the couple decides to reconcile and continue their marriage, then no question of alimony, or
(ii) If the couple decides to separate and take divorce, the court will order the type and amount of alimony to be paid.
3. Rehabilitative Alimony:
This alimony is paid to the partner who is not financially independent. The alimony is paid by the higher-earning spouse to the lower or no-working spouse. It is to be paid until the financially weak spouse acquires training or skill that makes him or her self-sufficient to earn a reasonable income.
The rehabilitative alimony is paid to support the spouse until he or she becomes capable of earning sufficient money to sustain a reasonable standard of living. It is not to be paid for a lifetime and is only to be paid for a definite time as decided by the court.
Rehabilitative alimony emerged as a need of modern society. The courts observed that both men and women could work to earn their livelihood. The children’s custody can also be given to any of the parents depending on the facts and circumstances of the specific case.
Also, in some cases, one partner sacrifices or withdraws from his or her job or work to support the family. Thus, to help the spouse and allow him or her to start working again, the court orders alimony during the learning or training period.
4. Reimbursement of Divorce Alimony in India:
The main idea behind this alimony is to repay the partner for the amount spent by him on the education or training of the spouse. The court may order one party to repay the expenses borne by the spouse that resulted in increased earnings of the partner. The amount to be given as alimony depends on the circumstances of the case. It can be equal to or less than the amount spent by the partner.
5. Lump-Sum Divorce Alimony in India:
The full compensation decided by the court is paid at once. The court may order a lump-sum amount to be paid by one partner to the other for equal distribution of the property acquired after the marriage.
Following are some of the important points that are considered by the courts for deciding the type and amount of alimony:
- The properties and assets of the husband and wife
- The share of the husband and wife in the properties or assets jointly acquired by them after marriage
- Age, health and living standard of the husband and wife
- Number of years of marriage
- Children and dependents of the couple
- Expenses and obligations of the husband and wife
Conclusion
The court has the authority to decide the amount of alimony. Divorce or dissolution of marriage has a significant impact on the life of both men and women.
It is, therefore, a way to provide support or assistance to a partner who lacks financial stability. The right type of alimony can help a person regain control of his or her life.
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