Judicial separation, i.e., Divorce, shows the ugly side of marriages or of being together. It is a stressful mental torture followed by the battle to get support payment. Undoubtedly, there are laws to govern so that the needy spouse receives financial assistance for their survival.
Years ago, women were unaware of the support payment claims, but they now know how to get alimony in a divorce for women. As a result, petitions for seeking financial assistance are increasing.
In this article, we will discover what financial maintenance/assistance means, how it is determined, and what is the scope of modification and termination, etc.
In simple words, Alimony is the monetary compensation provided to any of the spouses when they have decided to separate. It is given to that spouse who does not have adequate means to take care of the basic needs of life. Although both spouses are eligible for getting it, usually the husband gives it to the wife.
For example; if the wife is working, but there is a considerable difference between the net worth, alimony still be awarded to the wife to maintain the same standard of living as her husband. This support payment also comprises the assistance to take care of children and their education.
Besides this, in another condition, when the husband is differently abled and cannot work, the husband is eligible for support payment.
The financial assistance given to a spouse during the court’s proceedings is termed a maintenance amount. This maintenance amount is later converted to permanent or temporary or any other type of financial support after the legal separation.
Here are the different types of Alimony:-
| Permanent Alimony | Separation Alimony | Reimbursement Alimony | Rehabilitative Alimony | Lump-sum Alimony | |
| Duration | Continues eternally | During the separation period | Functions as repaying someone | Doesn’t come with an expiry date | This is a one-time payment |
| Working history | No working history, or skills before marriage | – | – | Decided according to the situation | Recurring payment options are not an option here, as payment is done once. |
| Self-sufficient or not | The recipient is unable to become self-sufficient, either due to chronic infirmity or disability | – | – | Granted in cases when the spouse is not self-sufficient or doesn’t have any medium to get support from their children | – |
| Continues till | Continues till the spouse dies, remarriages, or settles with another person. | Payments cease if the couple reconciles, or changes to any other type of support payment | The court can grant this to repay half or the whole amount spent as per the circumstances if a spouse spends money on another | Evaluated regularly to see how far progress has been made | No future liabilities to pay |
NOTE: PLEASE USE THE SAME FONT SIZE FOR THIS TABLE WHEN POSTING THE ARTICLE
Well, these were the different types of alimony granted to one of the separated individuals for sustenance!
Both spouses are eligible to receive financial assistance. It can be for a short period of time or for a lifelong, depending upon the circumstances. Age, financial strength, children, and length of marriage to get alimony in India are some of the factors that are taken into consideration for deciding the maintenance amounts.
For example; a marriage that has lasted for more than 10 years is preferred for granting life-long maintenance.
Before giving the final verdict, the court evaluates compensation for divorce in India and whether support payment is a necessity for a spouse or not. Moreover, there are many elements taken into consideration to reach a conclusion.
Some deciding factors for support payment are as follows:-
Apart from the factors listed above, the aspiring spouse needs to prove his or her eligibility for financial assistance. A few approaches are:-
So, this is how compensation is determined in the couples after the judicial separation!
By now, it is understood that the maintenance is paid by the higher-earning spouse to the other one. It can be either a regular payment or a one-time lump-sum payment. Nevertheless, the method of payment and the amount are finalized by the court.
In addition, the type of support payment also has to play a vital role in this. As of now, the Income Tax Act of 1961 allocates zero taxation on separation support payments. However, the mode of payment can affect it.
Modifications can take place if there is a significant change in the financial circumstances of both parties. The amount is subjected to review according to the change. It can also lead to termination if the recipient remarries or cohabitates with a romantic partner, or achieves financial independence. Payment can be terminated if the payer retires or becomes disabled, which is also applicable in several states.
Do you know that not every spouse is entitled to pay support payments to his/her ex-spouse? It is only applicable if the spouse is unable to sustain without the financial assistance of his/her ex-spouse.
There are some laws that the government supports payment after a divorce:-
Moreover, either the wife or husband can file for a case under section 125 CrPC before the family courts or the nearest judicial magistrate.
Well, this is how Alimony in mutual divorce is granted to a couple after the proper evaluation of the important aspects of both parties.
However, there are so many legal components that should be taken into consideration when you aspire for justified Compensation for divorce in India. That’s why it is advised to opt for professional divorce lawyers in Delhi to assist you in complicated legal proceedings and find a smooth pathway to achieve success.
Hope, you find this helpful!
Ans: Yes, it’s the right of a woman to have maintenance or support payment from her husband in a condition when she is not able to support herself financially. This can be in the form of consistent scheduled payments or one-time lump-sum payments.
Ans: It is considered that if a couple mutually agrees on a settlement amount, the court won’t interfere. In fact, they can set themselves free from marriage even without having any compensation. Furthermore, the amount declared depends on the court’s discretion.
Ans: Yes, if the wife is not remarried and not in a condition to work and earn a source of income for herself.
Ans: This can be either DD or in the form of a cheque, and based on that, the decree can be drawn out from the court.
Ans: It is possible to avoid providing financial assistance after divorce if the aspiring spouse cannot prove his/her need for financial assistance, remarries, cohabitates with a romantic partner, or has achieved enough potential to become financially free. Also, the court considers another factor to conclude.
Ans: Yes, Spousal support is determined by evaluating the financial position and then entitled to the requesting spouse. On the other hand, Alimony (given to the wife by the husband) stands for the contractual agreement between the two parties.
Sources:-
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