Alimony/Maintainance Allowance

748 votes

for divorce by mutual consent, it is important that all the terms and conditions be drafted into a settlement agreement. you are not bound to pay alimony or allowance or maintenance to her since it is mutual. but she can demand it, nonetheless

Advocate Rohan Sharma LawRato

825 votes

both of you are ready for taking mutual divorce then you can file a mutual petition before the family court and seek divorce and all the other terms and conditions upon which agree to take mutual divorce. when wife is earning more than husband then it becomes difficult for her to ask for maintenance

Advocate Rajiv Rekhari LawRato

780 votes

Hi,

Yes she is eligible for maintenance unless it’s proved that she’s earning more than you during the divorce process.

If it is a mutual consent divorce why would be worried about maintenance? A mutual consent divorce allows you both to work on the common grounds for the divorce without leaving anything for the Court to decide.

Do consult for any legal consultations.

Advocate Kabir Hazarika LawRato

599 votes

Hi,

Regarding your query. It's in your favour that both have you decided to settle this mutually. It's only after intervention from a lawyer that you will be able to ascertain what your liabilities are. Although, in this case, how much more does she earn than you monetarily? If it is sufficient for herself and for your son , then the amount that can be paid can be marginal.

However, if the difference in income is not significant then you will be liable to pay for the upbringing of your child. However, since this is being done mutually, I can handle this matter for you.

Advocate Anuj Nair LawRato

581 votes

yes she can claim maintenance there is a provision under law after divorce you can claim maintenance if conditions under the river m o u she cannot claim any FIR you shut up your IMO very carefully by taking the mutual consent divorce it will help you

Advocate Akhil Verma LawRato