In this article, we will discuss the legal separation spousal support guidelines according to the Hindu marriage law act in India and the significant factors associated with the alimony system.
The term ‘Alimony’ stands for maintaining and supporting a person who has no earnings in case of legal separation. Alimony is financial support that the court directs to the husband to pay his spouse after the divorce.
In case, the spouse doesn’t have adequate means to lead a life after the divorce or don’t associated with earning through any profession, alimony is granted to the spouse. The Indian law system had directed for paying the alimony to either spouse, but generally, husbands pay the amount to their wives.
Legal Separation Spousal Support Types in India
The Indian judiciary system has directed two types of alimony. The alimonies that are available in India are:
- The first is an amount paid for Interim maintenance which the husband has to pay during the court proceedings
- The second type of alimony is paid at one time at the ending process of legal separation
Eligibility to Get an Alimony
The Indian penal selection of 25 deals with the Hindu Marriage Act and the alimony system. According to the law, the husband or the wife has to pay permanent alimony to their spouses if the opposite has no source of earning. The alimony is offered in such a case as a support for maintenance and come up with the expenses for the court proceedings.
In the case of working women, if the court is assured that the wife’s earnings are comparatively lower than her husband’s, she is also eligible to claim alimony from her husband. The amount is paid to maintain a basic standard of living like her husband.
In the case of unemployed women, the court after considering their age, educational qualification, and if they can earn, decide the amount of alimony. On the contrary, if the husband is disabled and has no earnings and the wife is a working woman, the court directs the wife to pay alimony to her husband. Get details about the legal separation spousal support in India from Expert Lawyers and Consultants.
Calculation of the Alimony Amount
The Indian judiciary system does not follow any fixed rule for granting the alimony amount to the husband or wife. The husband or the spouse can pay the amount as a periodic payment, monthly payment, or as payment done at one time which means paying the whole amount at one time.
In case, the husband or the wife pays monthly alimony, they have to provide 25% of their monthly income as per the guidelines of the Supreme Court of India. There is no strict rule or benchmark rule in cases of one-time payments. However, in such cases, the husband or the wife has to pay n 1/5th to 1/3rd of their net worth.
Therefore, the court considers several factors while calculating the amount for alimony. The court may consider several factors before allowing alimony. The factors are the following:
- Net income and the net worth of property of the husband or the wife. (If any)
- The court considers both the husband and wife’s conduct.
- The court also considers several mandatory deductions like income tax, EMIs, loan repayments, etc. to calculate the net income of the husband or the wife.
- Liabilities of the husband or the wife like parents who are dependent on them.
- Health condition, age, social status, and lifestyle of both the couple.
- The time for which the couple is in a marital relationship.
- Liabilities of the husband or the wife in upbringing and education of children (If any).
These are the factors that the court may consider if you are seeking ay from your husband or wife.
Quantum of Alimony as Per the Indian Legal Separation Spousal Support Rules
As mentioned earlier, the quantum for paying the alimony amount may vary. The quantum is as follows:
- Paying the amount one time: There is no rule for paying the one-time amount of alimony according to the Indian legal separation spousal support rules. However, the court can grant one-fifth or one-third of the husband’s or wife’s net worth.
- Periodical alimony amount: The Supreme Court of India guides the husband or the wife to pay 25% of their monthly income to the other for court expenses and to lead a livelihood. However, there is no alimony calculator to find out the actual amount that one has to pay as alimony.
- Alimony to working women: In case the wife is a working woman and has good earnings, the court may not grant support to her. However, if her salary is much lower than her husband’s and she may have to struggle to lead a life during the court proceedings or after the divorce, she is also eligible for support money.
What is the Evidence Needed to Get Alimony?
- The first evidence that you have to submit to the court for getting alimony, is that you don’t have a good financial position. The necessary evidence, for legal separation spousal support, is your monthly expenses and source of property and income, etc.
- You also have to submit photocopies of your husband’s income tax returns and salary slips to prove your husband’s earnings.
- If your husband runs a business, then you have to submit the balance sheets and P&L account to prove his monthly income.
- In case you have dependent persons on you like parents or children and you have to come up with their treatment expenses, you have to submit the proofs like medical reports and test reports.
- In case you have a child, the court will consider his/her expenses as well to grant alimony.
Difference Between Alimony and Spousal Support
The terms are the same and they imply the same concept in the Hindu marriage act. Divorce Support is considered a term that is outdated and it signifies that only the husband has to pay the wife.
On the contrary, spousal support is based on modern concepts as both spouses can claim financial support for maintaining their livelihood.
Period of Alimony Maintenance
In the case of interim maintenance, the husband or the wife has to take responsibility for 15 days to 2 months. On the other hand, the period for permanent maintenance is 5 months to one year.
Why the Court Can Reject Your Alimony Application?
Your Mutual divorce Process application may get rejected for several reasons. The reasons are as follows:
- If your husband or wife doesn’t have earnings.
- If the wife or husband tries to misguide the court by providing false statements of income of their spouse.
- If the alimony applicant doesn’t have enough proof of income from their spouse.
The Taxes on Alimony
There are some guidelines for paying taxes on alimony amounts. The rules are:
- If the husband or the wife pays monthly or quarterly alimony, the amount is considered a receipt of the revenue, and the receiver has to pay taxes on the amount. The amount is non-refundable to the payer.
- You have to pay no tax in case of a one-time tax payment. A one-time payment is considered as a receipt capital and therefore free from any tax.
Conclusion:
Therefore, According to the Indian judiciary system, the alimony law is the same for both the husband and wife. If you want to get more information about the alimony system in India, you can get connected to Vakilsearch and get legal assistance from the most reputed lawyers in India.
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