Are you battling with your spouse in the ongoing divorce process? Then you must be aware of Alimony payments. It is referred to as spousal support or maintenance. Earlier in India, people especially, women looking for a divorce, weren’t quite aware of the term Alimony which could be a financial support system post-divorce. However, the increasing number of divorces in India has led many people to get an idea about all the laws associated with a divorce case and the most importantly the alimony.
The alimony or spousal support is compulsory post-divorce and it is decided by the law. Both the spouses may be responsible for the financial support regardless of gender. The alimony is basically dependent on the remuneration of each spouse. If you earn considerably higher than your spouse, you are liable to bear the alimony. Nevertheless, the alimony is not applicable in case of short marriages and when both you and your spouse are earning the same amount of money as their remuneration.
The thought of alimony had come in the contemplation of the everlasting nature of marriage. According to nature and Indian law, it is the most sacred relationship which has no end. The duty and responsibility of marriage will never be going to end once the two people tied in the beautiful relationship of marriage. No matter if you go through physical separation and difference of opinions, the responsibility has to be taken forward for the whole of the life.
In the wake of women empowerment, gender neutrality has evolved so much that Indian law is equal for both the parties regardless of the gender. Hence, either party (Husband or Wife) may bear the burden of alimony post-divorce and it is decided by the court depending on the financial conditions of the spouses. Nevertheless, the husband tends to pay the alimony in most of the cases.
Anyone from husband-wife duo can claim for the alimony post-divorce. However, there are plenty of conditions, depending on which; the court announces the verdict.
The conditions are as underneath:
- When both the spouses, in case of a contested divorce aren’t able to fix the amount of alimony then the court takes initiative to set the alimony amount.
- When the spouse is already getting the financial support from the other party and still, he or she is seeking for it then the alimony is not awarded. Though, the court can consider the alimony to be revised depending on the claiming.
- The amount and duration of alimony are set based on the time period, the marriage existed. Commonly, a marriage which lasts more than 10 years is supposed to get awarded with the alimony for a lifetime.
- While deciding on alimony, the court also considers the age of spouses. In case of a young spouse, the court grants the alimony for a short period of time as it is expected that the spouse may find some income sources afterward.
- The concept of alimony has also commenced to match up the financial condition of both the spouses. That’s why the spouse who is earning the higher amount; he or she is liable to pay a decent amount to another spouse.
- In case of one spouse suffering from a medical issue, the other may need to pay high alimony for the proper medication of another spouse.
All the above conditions are generally kept in consideration while awarding alimony, however, it may change depending on the state-personal laws.