Seek advice on alimony claims from Wife
3 years ago
Hi, my marriage is in 9th year & I have a daughter aged 4 years. During these 9 years, our marital relationship has seen many ups & downs, at times we taking decision to continue on emotional grounds (parents expiring, my wife is a single child, etc) instead of ground reality. However there is a complete lack of love, emotion, trust, respect, care due to which finally I am thinking of ending this dead relationship. We don't feel any urge to stay together and my wife is also fine with our physical distance but she wasn't interested to go for a divorce due to societal taboo & just for the sake of our child's future.
After discussing with her for months, she has finally agreed to go for a mutual divorce however seeing my inability to fulfill any exorbitant claims, she is asking for:
a) 80 lacs one time alimony (covering all child expenses)
b) A "will" mentioning that even after divorce & mutual claims settled, all my future wealth/assets should belong to my daughter
I am trying to come up with a proposal which would include one time settlement amount, capital secured plan for my child's future as well as handing over my ancestral property's share to her name. However, I feel the "will" is an unethical demand and is just a way for her to ensure I don't have any rights to move on in my life. Also I feel there is a chance that my one time alimony offer gets rejected straight away thinking that I will still be "able" to sustain properly so she should demand higher!
Hence I seek your advice on how to go ahead & discuss this proposal with my wife. Is there any other area I should be aware of & how to deal with the counter proposals.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
excessive greed is sure shot reason for doom.
absolutely no need to pay so much.
Let her earn her life.
you can give 'WILL' because 'WILL" can be changed even after 24 hours.
approach a good lawyer. dont make mistake of giving up.
Considering it is a mutual consent divorce, you shall need to negotiate under an unbiased third party until a mutually beneficial dissolution is reached. The will sounds like a very unreasonable demand by your wife, you can offer to pay a portion of your monthly income as maintenance instead.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
The simplest way this issue can be sorted is through mediation or negotiation, the will seems like an unreasonable demand on her part. I'd also advise you to offer monthly maintenance instead, as that might be less of a financial burden than a one time payment. Considering it is a mutual consent divorce, you shall need to pay heed to your wife's wishes, but you can still try and convince her to ask for something that is in everyone's best interests.
Wife has no right over your properties except alimony which is calculated only on your regular source of income.
My wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
My husband use to beat me badly
taking screenshots of spouse's phone having office chat application
Divorce
Divorce certificate in Faridabad Haryana
