What is alimony and...
 
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What is alimony and how is it calculated in India?

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(@Virendra Singh)
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Can you please explain what alimony means and how it’s calculated in India?

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Legallyne
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Alimony refers to the financial support one spouse is legally required to provide the other after divorce or separation. In India, alimony is governed by personal laws such as the Hindu Marriage Act, 1955, Special Marriage Act, 1954, and Indian Divorce Act, 1869, along with Section 125 of the CrPC and Protection of Women from Domestic Violence Act, 2005. The objective of alimony is to ensure that a spouse who is financially dependent or disadvantaged post-divorce does not suffer undue hardship.

Alimony can be awarded as interim maintenance (during the pendency of divorce proceedings), permanent alimony (one-time settlement or recurring support post-divorce), or child support (if children are involved). Either spouse—husband or wife—can claim alimony, but it is most commonly claimed by women, particularly homemakers.

There is no fixed formula for calculating alimony in India. Courts consider several factors while determining the amount:

  • Income and earning capacity of both spouses.
  • Standard of living during the marriage.
  • Financial and personal needs of the spouse seeking alimony.
  • Duration of the marriage—longer marriages often warrant higher alimony.
  • Age and health of both parties.
  • Responsibilities like childcare or dependent family members.
  • Conduct of the parties, especially in cases of cruelty or desertion.

As a general rule, courts may order the paying spouse to contribute one-third to one-fifth of their gross income as monthly alimony. In lump-sum settlements, amounts may vary widely based on asset division, property ownership, and lifestyle of the couple.

Alimony is distinct from maintenance under Section 125 CrPC, which is a monthly subsistence amount granted to a woman (including divorced wives) unable to maintain herself. Alimony under matrimonial laws is broader and may be more substantial.

Courts also allow for mutual settlement of alimony in cases of mutual consent divorce. If both spouses agree on an amount (or decide to waive alimony altogether), the court will honor that agreement unless it is grossly unfair or coerced.

Once granted, alimony can be modified or cancelled under changed circumstances—like remarriage of the receiving spouse, increase or decrease in income, or cohabitation with a new partner.

In conclusion, alimony in India is a flexible yet crucial financial tool intended to prevent the economic marginalization of a spouse post-divorce. Legal advice is essential to negotiate or contest alimony claims fairly and lawfully.

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