How to receive alimony or spousal support before your divorce

Alimony can be provided by two methods: Monthly Alimony and Permanent Alimony. Monthly alimony is an arrangement where the wife will get a monthly amount of maintenance. Permanent alimony is an arrangement where a bulk amount will be given in lieu of maintenance. There can be and cannot be other types of arrangement of expenses by the parties depending upon the case. There are two stages wherein the matter of financial support (or alimony or spousal support or maintenance) for either spouse can be sought before divorce is actually granted:
1. Before instituting the Divorce proceedings: Divorce can be obtained either by the mutual consent of the parties or by way of any one party contesting the divorce. In case of mutual consent between the parties, a Memorandum of Understanding (MoU) is undertaken by both parties. The Memorandum of Understanding lays down certain conditions under which they will carry on the divorce proceedings and their lives separately after the divorce is granted by the Court. Though this process is in addition to the procedure laid by law it adds up as a settlement between the parties. The process of Divorce gets a little easy as every condition has been laid down and mutually agreed upon by both the parties before the court intervenes. The decisions on alimony can be pre-decided in the Memorandum of Understanding and because the parties are entering into such a contract it will be binding in the court of law. In case of a contested divorce, one of the parties can file for divorce and the court will hear the petition with respect to the procedure laid down by the law. Either of the parties can demand or propose to give a particular amount as alimony to the other partner. It is important to note that the merits of the case plays an important role as the divorce is not mutually consented
2. During the Divorce Proceedings Procedure for Divorce by Mutual Consent can be categorized into two motions: First motion where a joint statement by both partners are given that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. It is very much possible for both the parties to facilitate for their alimony demands and other considerations at this time. Normally, a small amount of alimony can be provided at this stage. After six months, the Second Motion Petition should be filed by the couple and they are required to reappear in court. After a successful second motion, a bulk amount can be given as an alimony arrangement. In case of a contested divorce, after hearing the aggrieved party the judge will decide the fate of such case. Alimony can be provided to either spouse if there is a need to be during this stage as well. The information provided in this article is only for reference purposes. Please make sure that you consult an expert lawyer before initiating such procedures.

How can a Lawyer help you?

Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. A divorce lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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