How is Alimony Determined?

Meaning of Alimony: In India, the term alimony is used before a divorce, while after the divorce they are used interchangeably. It refers to an allowance or sum of money which is paid to the wife by her spouse so that she can sustain herself.

Amount of Alimony should be reasonable: The amount of alimony should always be reasonable. It should never be beyond the capacity of the other spouse.

Types of Alimony: There are two types of alimony:

1.      Interim Alimony – These are the alimony costs given to the wife while the case proceedings are going on. It also covers the litigation cost incurred by the wife.

2.      Permanent Alimony – These are the alimony costs which are given to the wife once the marriage has been dissolved or judicial separation has taken place. This amount is either paid in lump-sum the basis or periodic basis.

Factors which are considered while determining alimony: The court looks into various factors while deciding the Alimony amount, they are –

1.      Status and position both the parties – Certain disclosures are made by both the parties of their income and properties. These are very important factors to be considered.

2.      The lifestyle and reasonable wants of the wife - The lifestyle, along with the financial status is also very important. Reasonable wants not only means food for the wife to stay alive but also emphasizing lifestyle, status, health, age, liabilities, and responsibilities if there is a child. The women should live with dignity after separation.

3.      Wife’s own income – The court also considers the position of the wife. The court sees whether the wife is earning or not. If she is earning, the income level is also considered.

4.      Remarriage of Wife – If the wife remarries, then the wife will not get anything but will pay for the children, if any.

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