Is a working wife entitled for alimony after Divorce

Working or Non-working, wives are entitled to alimony provided they meet the requirements for claiming the same!

The law is settled where a wife unable to maintain herself is entitled to get alimony. However, it is not the same in the case of working women, and certain factors that influence the right of the working women to receive alimony have been discussed hereinafter.

We all know about maintenance and alimony after divorce where the spouse who is unable to support themselves is entitled to receive a monthly or lump sum amount. Making payment under the order of maintenance and alimony is a legal obligation.

Earlier women were not allowed to work and earn after marriage and when the marriage ends or the couple gets divorced, the wife is left helpless and unable to bear her expenses. Moreover, they go through a lot of hardship and difficulties after divorce. Therefore, the statutory provisions laid down made provisions for granting alimony to the wife after divorce. With growth and development in the empowerment of women, there has been an increase in the number of women working after marriage. On a general note, we can imply a working woman to be someone who is financially and economically independent. However, the circumstance is not the same every time and they do not earn enough for supporting their necessities completely. These women partially depend on their husbands. 

Alimony to working women

Without creating any suspense regarding the question whether a working wife is entitled to alimony after divorce, it can be implied that yes a working wife is entitled to alimony. With the changing dimension in our society socially and economically and keeping in view the growth track of the women working, there have been several amendments and provisions which facilitates a working wife to receive alimony.

Women who even after working and earning are unable to bear their expenses and fulfill their necessities can claim alimony from their husbands. However, the Court takes into consideration certain matters before passing the order to direct the husband to pay the amount of alimony.

Section 125 of the Code of Criminal Procedure lays down a provision for providing alimony to the wife by the husband where she is unable to maintain herself. Even if the wife is earning and still demands alimony after divorce, she can get alimony if the court passes an order in favour of her. You can get the best divorce/alimony lawyers at Lead India to handle such cases. With their expert advice and guidance, you can claim the full amount of alimony from your husband even though you are working. 

Grounds for calculating Alimony

While claiming alimony after divorce, the working woman has to fulfil the following grounds on which it will be convenient for her to claim alimony from her husband.

1. Total monthly home income of both spouses without tax.
2. Educational background of both spouses.
3. The number of years of marriage.
4. Number of children and child custody.

Role of Judiciary

Let us see how the judiciary has taken decisions with regard to the observation of payment of alimony to working wives.

In Kalyan Dey Chowdhury VS Rita Dey Chowdhury, the Supreme Court held that in the case of a monthly payment the amount of alimony shall not exceed 25% of the income of the husband. In this case, the occupation of the wife was beautician as well as teacher, who was earning 30,000 per month.

Similarly, in Smt. Nidhi V Shri Nishant Dubey the wife was a physiotherapist running a clinic and her husband was a sales manager. The court ordered in favour of the wife while granting alimony of Rs 10,00,000.

Conclusion

There have been several amendments in the statutory provisions over these years where the laws dealing with maintenance and alimony have been modified. As a consequence, a working woman in India is also entitled to alimony based on her living condition, lifestyle, status, and position in society after divorce. Most importantly the capability of the woman to maintain herself even after earning is taken into consideration while granting alimony. There are several cases where the Supreme Court of India has held that the woman can claim alimony despite her efforts to earn monthly income if such amount does not meet her necessities. A working wife can also claim alimony for her child from her husband in certain cases where the husband is not working and making excuses to avoid alimony.

For sailing through a tough situation like divorce, alimony, and maintenance, you can get expert advice and reliable service from the best lawyers by reaching out to Lead India to Talk to a Lawyer for Free Legal Advice or Ask a Legal Question. All the paperwork relating to alimony shall be taken care of and handled by our team of highly experienced advocates.