Are You Struggling With Alimony Issues? Understand Your Legal Rights

Introduction

Are you dealing with financial stress during the ongoing process of divorce or after divorce? Or are you worried about your alimony?  Many spouses get confused about who has the right to claim alimony and for how much long? They usually get confused about their rights, responsibilities and legal process.

If you are not aware about how alimony is decided and what factor, consider it? Accordingly, alimony provides you financial support so that you can fulfil your basic needs after or during divorce. So here you will get to know your legal rights of claiming alimony.

What are the types of alimony under Indian law?

1. Interim Alimony: This type of alimony is type of temporary financial support which is given to spouse during the ongoing divorce case. It helps the spouse in managing the day to day expenses like shelter, food, and legal costs involved in the case until the case is decided. It is applicable under Section 24 of the Hindu Marriage Act, 1955.

2. Permanent Alimony: This type of alimony is given after the divorce. The court can order a monthly amount of payment or a one-time payment. It gives long-term financial stability to the spouse. It is applicable under Section 24 of the Hindu Marriage Act, 1955.

3. Lump-Sum Alimony: In this type of alimony the one-time fixed amount is granted rather than monthly payments. It gives financial security at once and prevents the future disputes.

4. Monthly or Periodic Alimony: In this this type of alimony monthly amount is given to the spouse. It helps the spouse meet daily basis of living expenses like shelter, food, and medical needs.

What is eligibility to claim alimony?

The alimony can be claimed by either spouse who is unable to meet the financial needs and maintain the living standard after or during divorce.

Can a working wife still claim alimony?

The Supreme Court in judgement of Rajnesh v/s Neha 2018, stated that working wife has a legal right to claim maintenance in case if she is not capable to maintain marital standard of living like accustomed lifestyle. The court also looks the income difference between husband and wife, and whether wife is able to live with basic lifestyle and dignity.

Can a husband claim maintenance from his wife?

The Supreme Court in Manish Jain v/s Akanksha Jain 2017, clarified that husbands have a legal right to claim maintenance from his wife if he is financial unstable and wife has a good source of earning. This law is gender neutral.  This ensures that alimony is decided impartially and by keeping in view the financial condition of bot the spouses.

What factors are considered while deciding the amount of alimony?

There are several factors that are taken into consideration by the Court while determining the amount of alimony to the spouse. The factor are as follows:

• Assets including the properties of both the husband as well as wife

• Financial condition of the spouse who will be paying the alimony as well as the spouse who is to get the alimony

• Period of marriage between the husband and wife. The duration of marriage matters as when a marriage lasts longer than 10 years, lifelong alimony can be granted by the court.

• Age of the spouse.

• Health condition of both the spouse

• Dependent of both the spouses, if any.

• Education as well as raising expenses of the children

• Education and skill of both spouses.

What can you do if your partner hides income to avoid paying alimony?

In case if your partner hides or shows fake financial details then the court can take strict action against him for contempt of court. The Supreme Court in judgement of Rajnesh v/s Neha 2018, stated that both the partners are legally bound to file complete and accurate income affidavits. If disguise is found:

• The court ca estimate income based on the standard of living.

• The court can impose high cost or penalties for fake statement.

• It can order higher maintenance to their partner.

What are the grounds for denying alimony?

The alimony can be denied under certain legal grounds that are as follows:

1. Adultery: The husband can deny paying alimony if his wife is accused of committing adultery. The wife is no longer entitled to claim alimony if she is unfaithful and not loyal towards her husband.

2. Remarriage: When the wife remarries, husband has the right to request for denying payment of alimony to her.

3. Well-Earning: If the income of the wife is significantly higher than that of the husband, the agreement of alimony can be waived. However, it is at the discretion of the court. If the court finds the wife to be earning well and maintaining her standard of life before their divorce or separation, then the court can deny the payment of alimony by the husband

4. No source of income: Alimony can be denied on the ground by the husband if he proves that he has no source of income.

5. Physical Inability: If the husband is physically incapable of earning and taking his own care, he can deny paying the alimony. In some cases, the court may also order the wife to pay alimony.

What if your partner refuses to pay alimony despite court orders?

If your partner refuses to pay alimony despite court orders, then you have a legal right take legal action to enforce it. The court can attach their salary, property, or bank account. In serious cases the court can also issue an arrest warrant. Courts treats such non-payment cases seriously and it ensures that maintenance orders are properly enforced so that affected spouse receives financial support promptly.

Can alimony amount be reduced later?

The amount of alimony can be modified and reduced if the circumstances of either spouse has changed. The amount can be reduced in the case if the paying spouse has serious illness, losses his job or suffer huge loss in business, or if the other spouse remarries later. The party who wants the alimony amount to be reduced has to approach the same court with proper proof and evidence. The court will decide whether to reduce the amount or not.

Is alimony taxable in India?

Generally, the amount of alimony is taxable, but it depends on the type of alimony:

• Payment of Alimony in lump-sum: According to The Income Tax Act 196, there is no provision to pay tax in such type of alimony. The mode of payment of alimony decides its taxability. Alimony is not considered as income, rather it is regarded as a capital receipt, so the provisions of the Income Tax Act 1961 do not apply here.

• Monthly or periodic alimony: Recurring form of alimony is considered a revenue receipt. Therefore, this comes under the provision of the Income Tax Act, and thus is taxable in the hands of those who receive the alimony.

What mistakes weaken an alimony case?

Certain common mistakes which reduces or weaken your alimony claim in court:

• If you hide or misreport your income or assets before court.

• By not providing proper details of expense or documents.

• Getting delayed in filing of maintenance applications.

• Non - compliance with court directions or orders.

• If there is no or lack of proof of financial need.

How Lead India can help you?

• Our team provides you the best support while dealing with your alimony and maintenance cases.

• Assess your case and advise on realistic alimony claims or defenses

• Prepare and file maintenance and alimony applications

• Handle income disclosure, evidence, and affidavits

• Represent you in court hearings and negotiations

• Assist in enforcement of court orders or modification of alimony