Some Wrong Conceptions About Alimony Laws in India:-
Wrong! The amount of alimony may go up or down. But it is always decided based on the standard of living of each party while they were together.
That is why it is called “alimony” and not “maintenance”. Alimony is paid to help one partner maintain the same standard of living even after the divorce.
That standard of living was decided while the parties were together and not when they get divorced. So, even if you make more after divorce, you may have to continue paying the same amount of alimony.
You can get divorce without paying or receiving any alimony
There are several divorce cases in India that end up in a no-alimony divorce. However, it is a rare occurrence and not the norm.
As long as both parties want to get divorced, alimony will be a part of the equation. But it can be subject to adjustment and change. Whether you receive or pay alimony or both depends on several factors.
The duration of the marriage, the age of both the parties, the health of both the parties, the standard of living of both parties during the marriage and so on. You can know more about the Alimony in Mutual Divorce.
Typically, if a couple has been married for a long time, the wife may be entitled to lifetime alimony. Whereas, if the couple has been married for a shorter duration, the alimony may be payable for a shorter duration too.
In India, divorce is synonymous with receiving alimony.
Not true at all. In fact, divorce will mean alimony is no longer payable. But it can be subject to adjustment if circumstances change. Whether you receive alimony or not is decided by the courts taking into account all the facts of the case.
It is not a given that you will receive alimony in India. However, if you have been a stay-at-home parent or have not been financially independent, you may be entitled to lifetime alimony. And conversely, if you have been financially independent, you may be entitled to a shorter period of alimony.
Alimony Exceptions in Some Cases:-
Alimony is not necessary in every divorce case, but it is often ordered when only one spouse earns a substantial amount of money and the other spouse needs financial support to maintain their standard of living while they are out of work.
In some cases, alimony can be used as an incentive to encourage one spouse to enter into full-time employment or other career change opportunities.
It may also be used as a financial tool to help one partner save up enough money to finance their retirement years. Some couples who have been together for decades can also choose to use alimony as a way to stay financially solvent during periods when one spouse has higher than average medical expenses.
Conclusion:-
Alimony is paid to help one partner maintain the same standard of living even after the divorce. It can be fixed or it can be subject to adjustment.
But the amount of alimony is always decided keeping the standard of living of both parties in mind.
Alimony is paid to both men and women. And it can be payable for a shorter or longer period of time depending on the facts of the case. In India, divorce is not synonymous with receiving alimony. Instead, it is decided based on the facts of the case and each party’s financial condition.
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