How much maintenance can I claim?
2 years ago
My husband owns a property of 1cr what is the compensation amount I can claim during divorce
RAJARSHI BOSE
Responded 2 years ago
A.The maintenance amount that is calculated is based upon the following factors:
Total monthly home income of both spouses without tax.
Educational background of both spouses.
The number of years of marriage.
Number of children and child custody.
As per the judgment passed by the Hon'ble Supreme Court, alimony amount should not exceed 25% of the husband’s income. The aforesaid limit is applicable in case of monthly payout.
There is no such benchmark for one time payment. But usually it is calculated 1/3rd and 1/5th of the net worth of the Husband.
Thanks.
Total monthly home income of both spouses without tax.
Educational background of both spouses.
The number of years of marriage.
Number of children and child custody.
As per the judgment passed by the Hon'ble Supreme Court, alimony amount should not exceed 25% of the husband’s income. The aforesaid limit is applicable in case of monthly payout.
There is no such benchmark for one time payment. But usually it is calculated 1/3rd and 1/5th of the net worth of the Husband.
Thanks.
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Vaidehi Samant
Responded 2 years ago
A.There's no set rule for the amount wife can claim as maintenance or permanent alimony but it is suggested that you claim atleast 50% of what your husband's assets are so in your case Rs 50 lakhs as permanent alimony may be you can try to claim or another flat worth Rs 50 lakhs as per your choice. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi
You could claim 1/3 to 1/5 of net worth of husband in one time settlement in divorce.
Or you have a option to get a monthly maintenance which would be 25% of husband's monthly salary.
Thanks.
If you find this advice helpful please rate.
You could claim 1/3 to 1/5 of net worth of husband in one time settlement in divorce.
Or you have a option to get a monthly maintenance which would be 25% of husband's monthly salary.
Thanks.
If you find this advice helpful please rate.
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A.Hello
If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.
Thanks
If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.
Thanks
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A.Dear Madam, Actually has to pay 25% of his assets/income and accordingly you may claim and establish. You may get issue a legal notice in the meanwhile collect all the records which must stand in the exclusive name of your husband.
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