How Maintenance or Alimony is decided during divorce proceedings?

The word “alimony” is defined as the financial support provided to spouses after the divorce. It is given to spouses not having sufficient means to take care of basic needs. Either spouse can claim alimony from another spouse and the lump sum amount that one spouse has to pay.

Provisions dealing with alimony:

1. Section 13 B of the Hindu Marriage Act 1955
2. Section 24 of the Hindu Marriage Act 1955 
3. Section 25 of the Hindu Marriage Act 1955
4. Hindu Adoption & Maintenance Act, Section 18, 1956
5. Section 125 of CrPC

Eligibility:

1. As per the provisions of the Hindu Marriage Act, either spouse can claim alimony for maintaining her lifestyle. Even if the wife is working she can claim maintenance in order to maintain the same status as her husband.
2. If the wife is non-working then the court shall consider her educational qualification and her capacity to earn before deciding the alimony.

Calculation:

1. The maintenance is calculated based on the factors:
2. Total monthly home income of both spouses
3. Educational background of both spouses
4. Number of years of marriage
5. Number of children and child custody

There is no straight formula to calculate alimony that needs to be awarded to the wife. The Apex Court has set a limit of 25% of the husband’s net monthly income as the benchmark amount.

Factors Determining Alimony:

Husband’s Income:

The court decides the amount on the basis of the husband’s income & status, position, income and assets, and lifestyle.

Liabilities:

Court considers the liability of husbands such as EMIs, loans, and dependent members.

Reasonable needs of wife:

The wife’s need is not limited to food and to keep her alive, other conditions shall be taken care of such as other daily necessities.

Wife remarries:

In case the wife remarries, then, in that case, the husband is not bound to maintain her.

Types:

1. Interim: It is paid during court proceedings
2. Permanent: Usually, a lump sum amount is paid after the decision of the trial court
3. Evidence Needed: Prove that a wife is not able to maintain herself without any help.
4. Provide proof of your husband’s salary with photocopied ITRs.
5. Submit medical proofs of the dependants whom you are taking care of

Expense of child

Divorce is a stressful time for anyone. While the lawyer will need to gather information from you regarding the case, he or she will also take care of all the documents, allowing you more time to take care of yourself and your family. An experienced divorce lawyer can give you expert advice on how to handle your divorce You can also get free legal advice from Lead India.