Can alimony be claimed in mutual divorce


Is it possible that my wife can claim alumni during or after our mutual divorce.

Answers (5)


146 votes

Yes, the Family Court might grant divorce on the alimony fixed mutually decided by you and your wife. The mutual divorce means that you would be entering the settlement with your wife and only on that basis the divorce shall be granted by the Court.


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53 votes

Hi
Alimony in the cases of mutual divorce is totally dependant on the MOU that is prepared between the parties when the settlement is arrived at. in most cases of divorce by mutual consent an MOU is prepared and a consolidated amount is usually agreed upon by the parties, which includes the permanent alimony, maintenance, past present and future.
now there are some cases, where in the divorce by mutual consent, alimony is not decided then in those cases one has to see what are the terms and conditions as enumerated in the MOU
AFTER DIVORCE
Alimony if it does not find a specific mention in the MOU, then "YES" it can be claimed
if it finds mention in the MOU then "NO"
During the mutual consent divorce proceedings
Alimony can only be claimed after the divorce has been granted...during the pendency of divorce proceedings maintenance pendente lite U/s 125 Cr.P.C. can be claimed
Furthermore, it depends on case to case
Hope this Helps

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110 votes

For divorce with mutual consent, usually a mutual settlement deed is made which can include conveyancing of property, one time alimony, custody of the child, visitation rights, etc. The settlement is furnished to the court granting divorce and it rests all further claims in future. So, after mutual divorce the wife cannot claim alimony if not provided/agreed for during settlement.

98 votes

Yes sir she can claim maintainance and expence of proceedings from you in court ,unless she died or remarry.
Or you both at the time of mutual divorce settle all your dispute at once in alimony. Then only she cannot claim afterwards if you settle it down in your mutual divorce proceedings.
Thank you

73 votes

Dear Friend, Yes she can claim the alumni during and after the Mutual divorce. However After the divorce the claim of Alumni depends on MOU if any signed between the parties at the time of Divorce. Alumni means she has surrendered her right to Maintenance

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