amount of compensation in an agreement to live apart

980 votes

In mutual consent divorce cases this is between the parties to choose/fix about the maintenance or alimony. You both can decide about the amount you want to get from your husband after considering his income and properties.

Advocate Sandeep Aggarwal LawRato

890 votes

Since you have decided to Mutually decided to live apart, it should be your husband and you who should mutually decide on amount of your monthly maintenance.

Having said so, and under the given circumstances, that you are non-working & have a 8 year old son to take care of, and his day to day needs along with his education, and assuming that you shall be living on rent, ideally minimum of 50% of your husband's monthly earnings should be given to you, which may increase in the event you and your husband decide mutually.

In the event you have decided to take divorce by mutual consent, then the terms of settlement should be clearly written in divorce petition as well as joint statement before the court with respect to your maintenance & custody of your son in addition to other relevant terms of settlement.

Advocate Vivek Nasa LawRato

909 votes

madam,

it is for your information that generally compensation is decided on the basis of the income of the husband since you have got one son also than you will get heavy compensation from your husband.

Non working women has also got one edge in the case. He has to maintain you and your child. He has to provide you status of living which you are entitled for.

He has to provide educational expenses, uniform, books expenses of the child.

he has to provide you house also for stay to you and your son or in the alternative, rent of the house.

Your husband has to file income of affidavit in the court for his won movable and immovable assets in the court.

Advocate Harish Malhotra LawRato