Mutual divorce, alimony issues

Hello,
When alimony is paid periodically: When the alimony is paid periodically/monthly, it is set at 25% of the total monthly salary of the husband. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. However, it is important to remember that there are no set rules for alimony as each case has different situations and facts.
When alimony is paid in a lump-sum amount: According to the divorce alimony rules, no set benchmark settlement exists for one-time settlement alimony. It ranges from 1/5th or 1/3rd of the husband’s total worth and is paid in the form of a lump-sum amount.
If the wife is working and earning good: In case, the wife is working and also drawing a handsome salary, her earnings are taken into consideration along with the husband’s earnings. Depending on these facts and figures, the court decides whether the wife will receive any alimony or not. If yes, then that amount is also decided by the court taking into consideration all facts.
If the husband earns less than his wife: A Hindu husband is allowed to claim alimony from his wife if his earnings are less than that of his wife or if he does not work at all. Such cases are rare.
In case, there is a change in circumstances after the permanent alimony is decided, either of the parties can file a Divorce Petition in court. These changes could include the wife remarrying, the wife starting to earn more than her husband or the husband being unable to maintain his wife due to financial crisis, the alimony-paying spouse starting to earn more or the alimony-receiving spouse getting richer. In all these cases, one can go to court and see if there is any scope for change.

Dear Client,

Filing a petition for a mutual divorce is a way safer and smoother process to obtain an order of Divorce from the Court. With every divorce whether mutual or contested comes the question of alimony. Alimony refers to the money that has to be paid, by law, to a former spouse (husband or wife) after the Divorce process is finalized. Alimony has been a crucial factor in divorces throughout the years. Nowadays, men and women are looked upon as being equal in society. So, the burden of paying alimony can be on either party based on the spouse’s financial condition. While the law treats men and women as equal, it is more liable that the man is the one who will end up providing interim support to the ex-spouse at the time of the litigation proceedings. However, when the court sees that the partner who is asking for alimony is financially sound and capable of looking after themselves and does not need the alimony for similar lifestyle maintenance, the court can refuse to grant alimony. So without being scared with the Advocates approach, you may submit a prayer before the Court explaining your poor financial status and hardship to arrange alimony. Maybe considering the authenticity and veracity of your prayer, reduce the amount of alimony. You may consult with any other Lawyer on the subject for a second opinion and act upon which appears to you suitable.