Divorce Law Videos - How to get maintenance after divorce

Alimony is a monetary compensation granted to the spouse who is unable to support himself/herself by the other spouse during or after the divorce proceeding.

There are two types of alimony generally and same applies according to the Indian Laws as well: When it's given during the time of the court proceedings, it is a maintenance amount. The second is when it's given after the legal separation. After separation, alimony can be taken either as a one-time lump sum amount or a fixed payment, which could be monthly, quarterly and the like, depending on the requirement of the spouse. Alimony can be taken by either party depending on the case. While choosing the mode of payment, the lump sum is a preferred option. Lump sum gives certainty.

The court decides the amount of alimony/maintenance which is to be paid by the respective spouse after examining various parameters. The income of the spouses, their standard of living and financial status are the factors considered. Spouse’s income, investments and net worth, as well as the financial needs of the individuals are taken into account. Though there isn't a fixed formula to quantify the amount, generally it is in the range of one fifth to one third of the gross earnings of the spouse who has to pay alimony. The number of years the couple has been married, the number of children and the kind of emotional investment made are also considered.
How is Alimony calculated:

• Wife is earning: Court looks into husband's financial status. If his income is very high, wife will get some alimony.
• Wife is not earning: Wife will get alimony that allows her to maintain a standard of living that is similar to that of her husband.
• Wife remarries: Wife will not get anything. Husband will have to continue to pay for children, if any. The terms and conditions of payment of alimony in India vary from one personal law to another. None of the Indian personal laws are spared from criticism due to existence of laws in framing definite rules for granting alimony.
• Husband is disabled and unable to earn: Wife can be asked to pay alimony.