When a marriage ends in India, the question of alimony enters the picture. It is the financial support that one partner may need from the other after separation or divorce. The idea exists because one spouse might not have enough income to support themselves once the marriage is over. Courts step in to examine different factors before deciding the amount.
There are two kinds of alimony. During the divorce case, the court can grant interim maintenance. This is temporary support. To fix this amount, the court asks both sides to submit an income affidavit. These documents include bank statements and income tax records from the last three years. With this, the court understands the assets, income and liabilities of each side.
After the divorce is final, the court can order permanent alimony. This is long term support and often follows the same structure as interim maintenance. Judges look at many details. They check the financial status of both spouses, their jobs, qualifications and independent income. They also look at the lifestyle during marriage and whether a spouse left work for family duties. If a spouse does not earn, litigation costs may also be considered.
There is no fixed formula. Lawyers say alimony often falls between one fifth and one third of the man’s income after adjusting the woman’s income. If the couple has a child, child maintenance is added. This can raise the total amount even when the wife is earning.
False criminal cases filed during disputes can also affect settlements. Court appearances, legal fees and bail expenses can pressure spouses into higher payments or one time settlements.
Alimony can stop if a spouse is proven guilty of adultery, cruelty or desertion. It also stops if the wife remarries. Child support continues until the child turns eighteen, and sometimes until higher studies end.
If a spouse refuses to pay alimony, courts can order jail time, fines or freeze bank accounts and attach property.
