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Divorce

What Are Your Spousal Support Options in a Divorce?

A divorce impacts every aspect of your life, be it your career or your mental peace. If you are undergoing a divorce, you might be confused about whether you are eligible to receive spousal support or not. This article will discuss spousal support options in a divorce.

What is Spousal Support?

Under the Hindu Marriage Act 1955, spousal support can be claimed by any party regardless of gender. It is decided on various factors like the income and financial assets of both parties, their qualifications, the duration of the marriage, and many other factors.  What Are Your Spousal Support Options in a Divorce?

Is Spousal Support Always Awarded?

No, spousal support is not always awarded in divorce. It depends on the specific circumstances of the case. In general, spousal support is more likely to be awarded if one spouse has a significantly higher income or if one spouse sacrificed their career or education to support the other during the marriage. However, if both spouses have similar incomes and financial resources, spousal support may not be necessary.

Who Can Get Spousal Support?

There are certain conditions under which a spouse can legally claim alimony from their partner.

  1. If the claimant can generate income but is earning significantly less than their spouse and needs financial support to make up their daily expenses
  2. If the claiming party is now working, then their spouse ought to maintain the standard of living so that it remains the same after the divorce as it was during their marriage period.
  3. According to the Hindu Marriage Act, the wife or the husband can claim alimony if their partner lives separately without any reasonable cause, treats them with cruelty, or is involved in bigamy or some other reason.

Once the entitlement to alimony is established, the next step is to decide the amount to pay for spousal support. The court entirely decides the Amount payable, and it is decided based on a few factors – 

  • The income and financial status of both the parties
  • Their financial assets like jewellery, properties if any, are also taken into consideration
  • The behaviour of the spouses during their marriage period with each other is taken into account
  • Liabilities on the payor spouse such as dependent parents, loan EMIs, and other things 
  • Length of the marriage affects the alimony amount
  • The educational qualifications of both payee and payor are also considered while calculating the spousal support.

After the amount for alimony is finalized, there are a few ways in which you can get that money. These options are finalized by the court based on the financial needs of the receiving party and paying ability of the spouse.

What is Alimony?

Alimony is a court-ordered payment made by one spouse to the other after a divorce. The purpose of alimony is to provide financial support to the spouse who is in a weaker financial position, typically the one who earns less or did not work during the marriage. Alimony can be temporary or permanent, depending on the circumstances of the divorce.

Why is Alimony Used?

The primary purpose of alimony is to ensure that both spouses can maintain a similar standard of living after the divorce. It is intended to help the financially weaker spouse transition to a new life and become financially independent. Alimony can also be used to compensate a spouse who sacrificed their career or education to support the other during the marriage.

Alimony Options After a Divorce

Alimony amounts are meant to be financial help, and thus they can be provided through many options. After the divorce, the court takes the decision on how spousal support should be granted to the receiving end. There are primarily three options.

  1. Lump sum Alimony
  2. Permanent Alimony
  3. Temporary Alimony

Types of Spousal Support or Alimony 

  • Rehabilitative Support 

This type of support is granted only for a short period, and its expiry date is decided by the court itself. Such support is provided to the receiving party in order to make them self-sufficient and get them back into the workforce.

The amount received is used for increasing the skills and gaining education, and once the receiving party becomes self-sufficient and no more requires help, the court stops the support. Though the period of alimony payments is decided beforehand, it can be reviewed if the receiving party could not become self-sufficient in the decided time may it be intentional or not, at an instance to the court.

  • Support Through Lump-Sum Payment

As it is understood by the name itself, lump-sum support is to be paid as a one-time figure to the claiming party in lieu of property. In many cases, the settlement amount can be split into monthly installments and is paid until the amount is reached rather than providing everything at once. A benefit of getting a lump sum alimony is that this money is not taxable and is not covered under the Income Tax act, 1961. Another advantage is the amount received can be altered in the future, and the money, once paid, is paid forever.

  • Permanent Alimony 

If the court decides to provide permanent, the other spouse receives spousal support until the death of the payor or payee. The support can also be stopped if the receiving party remarries. However, certain conditions like getting a better paying job or encountering medical problems can lead to altering the decided amount in permanent alimony. The irony is that permanent alimony, despite its name, support does end when either the payee or payor dies or the receiving party cohabitates with another partner who can take care of their expenses. The Spousal Support during Separation is Important as per the Laws in India.

  • Temporary Alimony 

For getting spousal support, you don’t have to wait to get legally get divorced. in some cases, alimony is paid when the partners have separated but are yet to get divorced. Such alimony acts as financial aid to spouses to make up for their expenses of court proceedings, lawyer fees, etc. An agreement can be made outside the court to decide the amount, and if it is filed in the court, the judge inspects whether the amount is correct according to the circumstances or if any party was forced to sign the agreement. You need to Know Who pays Alimony in India After the Divorce Procedure.

  • Reimbursement Alimony 

This kind of alimony is not provided on the basis of the financial needs of the spouse. Generally, spouses sacrifice their job and benefits to support the family while the other partner is earning and expects that they would be benefited from a higher standard of living in the future and thereafter, they can continue building their careers.

But if the marriage ends before the spouse can gain any kind of benefits, the spouse who sacrifices their education, job, and other sources of income just for their partner can claim reimbursement alimony in such case. The amount is calculated on the bases of loss incurred by the spouse if they hadn’t sacrificed their career for their partner. 

  • Outside the Court Settlement

Apart from legal ways of claiming spousal support, one can also ask for alimony outside the court through an agreement between spouses. This primarily takes place in a case of mutual divorce drafting, or the spouse is ready to pay the amount without having to seek legal help. Though such settlements happen rarely, these types of settlements are much less time-consuming and cause less mental harassment for both parties.

Can You Get Spousal Support Before the Divorce Is Concluded?

Yes, it is possible to get spousal support before the divorce is concluded. This is known as interim spousal support and is intended to temporary financial assistance to the weaker spouse during the divorce proceedings. Interim spousal support is typically based on the income and expenses of both spouses and is calculated using a.

How is the Amount of Alimony Determined?

The amount of alimony is determined by the court based on several factors, including:

  • The length of the marriage
  • The income and earning potential of each spouse
  • The standard of living during the marriage
  • The age and health of each spouse
  • The contributions of each spouse to the marriage
  • The needs of each spouse

The court will consider these factors and others when determining the amount and duration of alimony.

FAQs

Who Pays Alimony in Divorce?

The spouse who earns more money or has more financial resources is typically the one who pays alimony.

Is Alimony Compulsory in Divorce?

No, alimony is not compulsory in divorce. It depends on the specific circumstances of the case.

Is alimony paid to the husband?

Yes, alimony can be paid to the husband if he is in a weaker financial position than his wife.

How much alimony can a wife get in India?

The amount of alimony a wife can get in India depends on several factors, including the income and earning potential of both spouses, the standard of living during the marriage, and the needs of the wife. The court will consider these factors and others when determining the amount and duration of alimony.

Does wife get 50% of the husband's property after divorce?

No, the wife does not automatically get 50% of the husband's property after divorce. The division of property is determined by the court based on several factors, including the length of the marriage, the contributions of each spouse to the marriage, and the needs of each spouse.

Does an earning wife get alimony?

Yes, an earning wife can get alimony if she is in a weaker financial position than her husband. The court will consider the income and earning potential of both spouses when determining the amount and duration of alimony.

Conclusion 

Spousal support, commonly known as alimony, is the amount paid by one of the spouses, which is legally decided and intended to provide financial support to the other party after a divorce. Apart from spousal support, if the couple has any children, child support is to be offered separately to the party who has judicial custody of the child for their educational needs.

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