Question 1

Is it possible for me to file for alimony all at once?

Accepted Answer

Alimony payments offer flexibility in terms of either a single lump-sum payment or regular monthly or quarterly fixed payments tailored to the recipient's requirements. Renowned legal experts in India recommend that recipients opt for a full upfront payment to safeguard against the potential loss of future instalments, such as in cases where the paying spouse experiences job loss or unfortunate demise.

Question 2

When is it not necessary to pay alimony in India?

Accepted Answer

If the court identifies a discrepancy or holds the belief that the wife possesses the capacity to uphold the same quality of life that was experienced during the course of the marriage, the court has the authority to scrutinise the circumstances and potentially refrain from awarding alimony.

Question 3

What are the actions to be taken before filing a petition for divorce in court?

Accepted Answer

The very first step in initiating divorce proceedings is sending a divorce notice to your spouse. This is a formal communication to clarify your intentions to discontinue the relationship.

Question 4

How is the duration and quantum of alimony computed?

Accepted Answer

In a contested divorce, the alimony, its amount and tenure, depend upon the length of marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors are:

Age of the spouse (or the person who is ought to receive the alimony)
Economic condition or the earnings of the person who is to provide the alimony
The health of both spouses (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health).
The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.

Question 5

How are property matters settled?

Accepted Answer

It seldom matters whether you or your spouse own the property. If you are married – irrespective of the fact that a divorce petition has been filed – you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.

Question 6

Can the spouse consent for remarriage without getting divorce from the existing partner?

Accepted Answer

Remarriage without a divorce is a punishable offence with seven years imprisonment.

Question 7

When can a divorcee remarry?

Accepted Answer

Depending on the nature of decree, after the expiry of three months from the date of decree, if no notice of appeal is received by the person remarrying from the other person.

Question 8

Which spouse gets child custody?

Accepted Answer

While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Usually, the court provides the custody of their children to non-working mothers, but the fathers are expected to provide financial support.

Question 9

When can a wife claim alimony?

Accepted Answer

A wife can claim alimony under the following circumstances:

During the pendency of divorce proceedings: A wife can claim temporary alimony, also known as interim maintenance, to cover her living expenses while the divorce proceedings are ongoing.

After the divorce is finalized: A wife can claim permanent alimony if she is financially dependent on her husband and cannot maintain a standard of living similar to the one she enjoyed during the marriage.

Question 10

Who will decide alimony?

Accepted Answer

The court will decide the amount and duration of alimony. The court will consider various factors, including the length of the marriage, the financial situation of both spouses, the age and health of the spouses, and the contributions made during the marriage.

Question 11

How can I avoid alimony in divorce?

Accepted Answer

There is no guaranteed way to avoid alimony in a divorce. However, the following factors may reduce the likelihood of being ordered to pay alimony:

Short duration of marriage: If the marriage was of short duration, the court may be less likely to order alimony.

Financial independence of the spouse seeking alimony: If the spouse seeking alimony is financially independent and has the ability to maintain a similar standard of living without alimony, the court may be less likely to order alimony.

Misconduct of the spouse seeking alimony: If the spouse seeking alimony has engaged in misconduct, such as adultery or cruelty, the court may be less likely to order alimony.

Question 12

Can a wife claim husband's property?

Accepted Answer

In some cases, a wife may be entitled to a share of her husband's property in a divorce. This is known as property division. The factors that the court will consider in determining property division include:

The length of the marriage

The contribution of each spouse to the acquisition of property

The financial needs of each spouse

The age and health of each spouse

Question 13

In which situation wife is not entitled for maintenance?

Accepted Answer

A wife may not be entitled for maintenance under the following circumstances:

If she is financially independent: If the wife is financially independent and has the ability to maintain a similar standard of living without alimony, the court may not order alimony.

If she is guilty of adultery or cruelty: If the wife has engaged in misconduct, such as adultery or cruelty, the court may not order alimony.

If she remarries: If the wife remarries, she will no longer be entitled to alimony from her former husband.

Divorce Alimony Laws in India

FAQ's on Divorce Alimony Laws in India

Trusted by 400,000 clients and counting, including …