Alimony is the money that one spouse has to pay to another after getting divorced or terminating a marriage agreement. Alimony is mostly paid by husbands to their ex-wives and very rarely vice versa.
The rationale of alimony is based on keeping one partner from falling into poverty after divorce while being fair to both partners.
However, when we look at the practice of Alimony in India, it’s often a husband handing over his checkbook with strings attached rather than an equitable settlement of marital property.
Even so, there are a few misconceptions about alimony that we need to address right away. If your belief about alimony is any of those listed below, keep reading!
Alimony is paid only to women.
Alimony is not just paid to women. In fact, Alimony laws in India is equally payable to both men and women. The only difference may be the term and the duration. If a couple has been married for a long time and the wife has not been financially independent, she may be entitled to lifetime alimony.
Whereas, if the couple has been married for a shorter duration, the alimony may be payable for a shorter duration too. But it all depends on the facts of the case and the law of the relevant jurisdiction.
Divorced men don’t have to pay alimony.
Wrong! Divorced men have to pay alimony too. It’s only that the situations of divorce vary a bit from those of women. When a man leaves his wife, she may not be entitled to alimony.
But if a woman leaves her husband, she may be entitled to alimony. However, the amount of alimony is the same for both men and women. It’s only the duration of alimony that may differ.
The amount of alimony is fixed and there are no adjustments:-
There are no hard and fast rules when it comes to the amount of alimony. It can be fixed or it can be subject to adjustment.
But the amount of alimony is always decided keeping the standard of living of both parties in mind. The courts also consider the financial condition of both parties in deciding the amount of alimony. Typically, alimony is paid to help one partner maintain the same standard of living even after divorce.
So, it is only fair if both partners contribute. And that’s why the amount of alimony is never fixed or definite. It can be increased, decreased or even be subject to adjustment as the financial conditions of either or both the parties change over time.
Conclusion:-
Alimony is a type of spousal support paid to divorced spouses in India. There are two types of alimony: rehabilitative and permanent. Rehabilitative alimony is awarded to a spouse who needs financial assistance as he or she tries to re-enter the workforce or start a new life.
Permanent alimony is awarded to an ex-spouse who is unable to work due to health or age-related issues. Both types of alimony are granted for a set period of time.
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