Alimony related
8 months ago
It all started 5 years back when my husband started cheating with another girl and I got separated with my 1-year kid in 2020.. now he is 4+. was fighting in court to get some justice. I got partially as I started getting maintenance for my kid. Now I want to apply for a divorce as I want to move ahead in my life in terms of changing the city for a job. I had to fight a contested divorce as he is not agreeing to mutual since he doesn't want to pay us a single penny and already living peacefully with his GF. In terms of salary, I am already earning twice but he is a govt employee and I'm in a private Job. but what compensation can I demand in a contested divorce as I have a Kid and was mentally disturbed all those 5 years and wasted my life for him? His lawyer is just telling him not to file any divorce case.
In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid. As a consequence, a working woman in India is also entitled to alimony based on her living condition, lifestyle, status, and position in society after divorce. As per the courts, the employed wife is entitled to the same position and level of living as she had at her matrimonial home. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded 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.
If the wife earns significantly more than the husband, the alimony portion of the agreement can be waived. However, the court's discretion is required. The court examines the property and incomes of both the wife and the husband.
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