Working wife. Earning good. How will this impact her maintenance case?
My wife is a qualified CA since 1 year and is working with a CA firm, but still seeking maintenance from me. I earn just Rs.40,000 per month and she earns / can earn much more than that.
How will this impact the maintenance case she has filed against me?
This shall have a huge impact on the said case. In case of maintenance the Court considers a lot of factors.
Deciding the amount of alimony / maintenance is the discretion of the Court.
The sum and period of alimony generally depends upon how long the marriage existed. Marriages that lasted for more than 10 years are entitled to be granted a life long alimony. Age of the spouse is also taken into consideration while awarding alimony.
Normally, a young recipient of alimony gets it for a smaller period of time if the court thinks that he or she will soon be able to become financially sound through prospective career excellence.
Alimony is also in vogue in order to equalize the economic condition of both the spouses. The higher earning spouse is entitled to pay a heavy amount as alimony.
The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony amount. If one of the spouses is suffering from poor health, the other is subjected to payment of high alimony to ensure proper medication and well being of the other spouse.
As you have mentioned that your wife is earning more than you, you just need to prove the same in Court and it is highly likely that her maintenance claim shall fail.
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