Alimony in a divorce is the amount paid by either of the partners. It is usually paid because the receiving partners are not financially self-sufficient. These are some of the things that you need to know about Alimony.
Alimony in a divorce is a stressful process. But it’s not something everyone can avoid, and it happens a lot in our Country, just like anywhere. There is mental, emotional and financial stress for both parties when a divorce occurs.
Since marriage is an investment of love, energy, time, emotions and money, Alimony comes into play in a divorce. But not everyone who goes through a divorce will get or have to pay Alimony.
The court of law has specific rules regarding this. These rules help keep the affair of divorces and Alimony fair and avoid any misdemeanors or unfair treatment of anyone involved.
What is Alimony in a divorce?
Alimony gets its name from the Latin word ‘Alimonia’, which means sustenance. Alimony is the financial support given to a spouse by the other in a divorce. It usually happens when a spouse is not financially stable and unable to meet financial requirements after divorce.
However, there will be long court proceedings, investigations and enquiries before the final decision is made regarding Alimony settlement. Court needs valid proof that all the claims made by both the parties are genuine.
Who is Eligible for Alimony in a divorce?
If a spouse cannot meet financial needs or Is disabled in any way and can’t earn in the future, the court grants Alimony which is to be provided by the significant other after the divorce. Even if there is no financial problem and the significant other is earning much more and in a good position financially, the court also grants Alimony Laws to the spouse to maintain the similar financial situation they had during the marriage.
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Calculation of Alimony
Alimony in India is calculated depending on various factors. The age, duration of the marriage, financial situations of both parties, circumstances of divorce etc., are considered before making a final decision regarding Alimony. For example, lifelong Alimony can be granted in marriages that lasted more than ten years.
A young recipient of Alimony may receive it only for a short period if it occurs to the court that they can be financially secure soon. If a spouse is disabled and can’t work, more must be paid as Alimony for treatment, medication and daily needs. Court also considers various other factors like If dependent parents are living with the husband, education and upbringing of children, liabilities and conduct of husband and wife, social status and lifestyle etc. You Can Take Alimony in a divorce from the Professional Lawyer Online.
Laws Related to Alimony
- The Code of Criminal Procedure, 1973
- 1956 act of Hindu Adoption and Maintenance
- The Hindu Marriage Act, 1955
- The Special Marriage Act, 1954
- The Hindu adoptions and maintenance act.
Alimony Payment
Depending on the above mentioned several factors, Alimony may have to be paid regularly on a monthly or yearly basis, or it can be a huge amount all at once. If it’s the husband paying Alimony every month, the supreme court of India states that he has to pay his wife twenty-five per cent of his monthly salary as Alimony. For situations where it’s a one-time settlement, it is usually one-third or one-fifth of the husband’s total net worth to be paid.
Types of Alimony
There are different types of which apply in different situations. They are separation alimony, permanent Alimony, Rehabilitative Alimony, reimbursement alimony and lump sum alimony.
- Separation alimony is paid when the couples are only temporarily separated and not divorced. Even in this situation, if one partner cannot support themselves during this period, the law requires the significant other to pay separation alimony. This payment will continue till they decide to reconcile or to move forward with a divorce. After the divorce, the Alimony will change into other types.
- Permanent Alimony is never-ending. The payment will continue till the receiving partner becomes self-sufficient, remarriages or passes.
- Rehabilitative Alimony depends upon each case and circumstance. For example, in some cases, the court rules a specific amount to be paid until the children attend school.
- Reimbursement alimony, as the name suggests, is repayment. Suppose a spouse helps their partner financially to study or go through college and get a job or become economically self-sufficient, in the case of a divorce. In that case, the court may order full or half of the amount spent for the education to be paid as Reimbursement alimony to the partner who consumes it.
- Lump-sum Alimony is a one-time payment. If a partner has acquired an asset because of marriage, the whole amount of the asset must be paid as Alimony.
When Not to Pay Alimony?
- In the case of adultery, there will be no Alimony. It should be proven to the court that one of the spouses is unfaithful.
- If the marriage is over quickly, there will be no or little alimony. The longer the marriage lasts, the more the amount will be as Support amount in divorce.
- If both the parties are financially secured and can enjoy the same living standards as they did during the marriage, Alimony will not be needed. The court will investigate this and, when proven, will make the decision.
- If the partner were supposed to receive alimony remarriages, there would be no alimony payment. Even if they get into another relationship, some states will stop the alimony payment after ensuring they are in a better financial position.
- If the husband is paying Alimony and his remarriages, then depending upon certain factors, he can stop paying Alimony if he proves that he has to provide for his new wife.
Conclusion
Divorce is a messy thing. It can bring down a person financially, mentally and emotionally. But it needs to be done if that’s the only option. Alimonies are meant to help the person struggling to regain their feet after the divorce. It’s only fair that the deserving person gets an affair amount which they would have if they were still in the marriage.
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