Can a women stay in the same house after filing divorce

659 votes

You can get maintenance for yourself and your children. Alimony or maintenance is generally awarded if a spouse does not have sufficient means to take care of the reasonable needs of life. It is based on a variety of factors, which depend upon the specific facts and circumstances of each case (i.e., there is no hard and fast formula), the amount to be provided as alimony or maintenance is decided by the court. It depends on : Husband’s own income and other property, if any. Income and other property of the wife herself. Conduct of the parties. Other circumstances of the case, which may seem to the court to be just. Usually, all mandatory deductions (such as Income Tax, load repayments, etc.) from the income / salary of the husband would be considered to arrive at his net income / salary. Other genuine liabilities of the husband, such as wholly dependent old parents, may be duly considered by the court. If wife is employed / working and has her own independent sources of income, the same may also be taken into account. The life style of parties, their social status may be taken into account. The status and the mode of life which the wife was used to when she lived with her husband, is also taken into account. Expenses to be incurred on the education and upbringing of the children is also considered. Age and health of the parties. The period for which they have been married.

Advocate Manoj Parve LawRato