How much maintenance n alimony n also how many yrs o one time settleme

855 votes

Maintenance/alimony is decided by the Court based on the standard of living of the parties and their source of income. There is no yardstick as such for payment of maintenance other than the ones mentioned above. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

807 votes

There are two types of maintenance that the court may order: 1. Interim Maintenance (During the Case)– Temporary maintenance awarded to the wife and children while the divorce case is ongoing. 2. Permanent Alimony (Final Settlement) – A one-time lump sum or monthly maintenance awarded after divorce. The Hon’ble Court considers the following while deciding maintenance: Your salary ₹56,000 per month Your assets 1 BHK flat (₹28 lakh) & other assets Your wife’s income If she is unemployed, she can claim maintenance. Children’s expenses Since you have two children, their maintenance is a priority. Standard of living The court ensures that the wife and children maintain a similar standard of living as during the marriage. Approximate Maintenance Calculation For Wife’s Maintenance: If your wife is unemployed, the court may order 20% to 30% of your salary (₹56,000). If she is working, the amount may be reduced significantly or even denied. For Children’s Maintenance depending on education, medical expenses, etc. If both children are dependent the court.

Advocate Vikrant C Deshpande LawRato

947 votes

The court determines alimony and maintenance based on several factors, including your income, assets, lifestyle, and the financial needs of your wife and child. Since your wife is unemployed and you have a 2-year-old child, the court will prioritize their sustenance and well-being. Here’s an estimate of what the court may consider: Maintenance for Wife: Generally, maintenance for the wife can be around 20-30% of your net income after deductions. With a monthly salary of ₹56,000, maintenance for your wife may range between ₹10,000 and ₹15,000. Maintenance for Child: For the child, the court may allocate an additional 10-15% of your income, as child support is a priority. This could be around ₹6,000 to ₹8,000 per month. One-Time Alimony: If the matter is settled with one-time alimony, courts usually order a lump sum equivalent to 3-5 years of income, depending on circumstances. In your case, this could range between ₹20 lakh to ₹35 lakh, considering your assets and income. Factors to Consider: Ancestral Property: Courts generally exclude ancestral property from alimony calculations unless it generates significant income. Lifestyle and Misuse: Courts may not entertain unreasonable demands like ₹1 crore unless justified. Negotiate for a mutual consent divorce to avoid prolonged litigation and exaggerated demands. A fair one-time settlement may help avoid monthly maintenance obligations.

Advocate Kiran Ashok Gangurde LawRato

942 votes

Dear client based on your query, considering the husband's employment and other things, seeking legal advice on appropriate alimony or maintenance calculations based on relevant factors and court discretion might be prudent, for relevance we can help you regard the process and in legal ways for which you can connect with us.

Advocate Kalpana Sanap LawRato

741 votes

Well, you may end up paying Maintenance to your Wife depending upon your Statement of Income & Expenses, Statement of Assets & Liabilities, etc. Court will also consider the economic status of Wife and her Education before granting her Maintenance in Divorce Proceedings, Maintenance Proceedings under Bhartiya Surasksha Adhiniyam and DV Procedfings.

Advocate Pankaj Bajaj LawRato