Alimony after divorce
1 year ago
My husband showed an offer letter having 3lac income per month but later I discovered he is not working.If my husband doesn’t work after marriage and is getting no salary but depending on his parents for money then what is the amount of alimony i can expect?
A.The amount of alimony you can expect depends on various factors such as your financial needs, your husband's financial resources, the length of your marriage, and the standard of living you had during your marriage.
If your husband is not working and is depending on his parents for financial support, it may be difficult to obtain alimony from him. However, if you can prove that he has the ability to earn an income but is choosing not to work, a court may impute an income to him based on his earning capacity.
In any case, it is best to consult with a lawyer who can assess your situation and provide you with more specific guidance on the amount of alimony you may be entitled to receive.
thank you
If your husband is not working and is depending on his parents for financial support, it may be difficult to obtain alimony from him. However, if you can prove that he has the ability to earn an income but is choosing not to work, a court may impute an income to him based on his earning capacity.
In any case, it is best to consult with a lawyer who can assess your situation and provide you with more specific guidance on the amount of alimony you may be entitled to receive.
thank you
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A.Dear Madam,
If your husband is not working then his previous salary may be taken into consideration or court will decide depending upon his experience and qualifications since many husbands resign their jobs whenever they have a family problem.
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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
If your husband is not working then his previous salary may be taken into consideration or court will decide depending upon his experience and qualifications since many husbands resign their jobs whenever they have a family problem.
=========================================================
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
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