Alimony goes from the total income or from tax deducted income ?
28-Jun-2023 (In Divorce Law)
I am NRI. I have been married for 3 years. I get income monthly after tax get deducted. if my total income is 1000 dollar and net i get only 600 dollar after taxes. will the alimony be decided base on 1000 or 600 ? Does my monthly expenses be taken into account while setting the alimony by court ? around 400 goes into my monthly expenses ( for example house rent and other monthly expenses). My wife was also earning here but now is back to India.
There is no fixed formula or hard and fast rule for the calculation of alimony that the husband needs to provide to his wife. The alimony can be provided as a periodical or monthly payment, or as a one-time payment in the form of a lump-sum amount.
If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband’s net monthly salary as the benchmark amount that should be granted 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.
That said, there are certain factors that are taken into consideration by the court while computing the alimony amount. Such factors may be varied and may include the following:
Husband’s and wife’s incomes and other properties, if any
Conduct of both the husband and the wife
Mandatory deductions such as income tax, EMIs, loan repayments etc. are considered to calculate the net income of the husband
Liabilities of the husband, such as dependent parents
Social status and lifestyle of both the parties
Age and health condition of both the parties
The period for which the couple had been married
Expenses for education and upbringing of the child/children
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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